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OF    THE 

STATE  OF  SEW  JERSEY. 


FIRST    SERIES. 
Vol.  I. 


This  volume  was  compiled  and  edited  by  anther- 
y  of  the  State  of  New  Jersey;  at  the  re(iiiest  of 
'■  be  New  Jersey  Historical  Society,  and  nnder  the 
irection  of  the  following  committee: 

Nathaniel  Niles,  Cirn. 
Marcus   L.  Waed, 
Joel   Parker, 
W.  A.  Whitehead. 


S  O  U  E  C  E  S 

WHENCE  THE  DOCUMENTS  IN  THIS  VOLUME  WERE  OBTAINED. 


Documents  relating  to  the  Colonial  History  of  the  State 

of  NeiD  Yorli. 
The  Grants  and  Concessions  and  Original  Constitutions 

of  the  Province  of  New  Jersey^  hy  Aaron  Learning 

and  Jacob  Sjpicer. 
Neio  Jersey  Historical  Society  Lihrm'y. 
Recoi'ds  of  East  Jersey  Hroj)rietors,  at  Perth  Amboy. 
Secretary  of  Stated  Office,  Albany,  New  YorTc. 
Public  Record  Office,  London,  England. 
Minutes  of  the  Provincial  Council  of  Pennsylvania. 
Pennsylvania  Archives. 
New  York  Historical  Society  Lihrary. 
Records  of  Newcastle,  Delaware. 
Secretary  of  State's  Office,  Trenton,  Neio  Jersey. 
Woodhridge  Town  Records. 
Johnson's  History  of  Salem. 
Smith's  History  of  Neio  Jersey. 
Charles  H.  Winfield,  of  Jersey  City. 
William  A.  Whitehead,  of  Newark. 


ERRATA 


Pages  28  and  93.— In  titles  of  documents,  instead  of  "  East  Jersey  "  re*' 

New  Jersey. 
Page  163.— In  title  of  document,  for  "  New  Jersey  "  read  Northern  New 

Jersey. 
Page  366.— For  "Thomas  Heywood  "  read  John  II ywood, 


DOCUMENTS 

II 


RELATING  TO  THE 


COLONIAL  HISTORY , 

4' 3  7 


STATE  OF  NEW  JERSEY, 


EDITED    BY 

WILLIAM   A.  WHITEHEAD, 

Corresponding  Secretary  of  the  New  Jersey  Historical  Society;  Author  of 
East  Jersey  Under  the  Proprietary  Governments ;  Contributions 
to  the  Early  History  of  Perth  Amboy  and  the  Surround- 
ing Counti-y;  Editor  of  the  Papers  of  Lewis  Mor- 
ris, and  of  an  Analytical  Index  to  the 
Colonial  Documents  of  New 
Jersey,  &c.,  &c. 


volum:e:    i. 


1631-1687. 


NEWARK,  N.  J.; 

PBINTED    AT    THE    DAILY    JOURNAL  ESTABLISHMENT, 


/=7  3  ' 


GENERAL    mTRODUCTIOK 


It  is  an  advantage,  which  the  United  States 
of  America  enjoy  over  older  countries,  that  they 
can  trace,  with  much  greater  precision,  the  course 
of  events,  which  have  marked  their  progress  from 
their  first  settlement.  But  this  advantage  is  attend- 
ed by  responsibilities,  which  are  not  always  properly 
regarded.  It  is  not  enough  that  their  respective 
histories  can  be  more  I'eadily  rescued  from  oblivion, 
by  patient  and  diligent  research  ;  it  is  of  ecpial,  if 
not  of  more,,  importance,  that  the  materials  for 
'those  histories  should  be  so  preserved  as  to  be 
always  readily  available,  to  enlighten  their  citizens 
as  to  the  events  of  the  past,  and  intimate  the  effect, 
upon  the  future,  of  the  lessons  those  events  are  cal- 
culated to  teach. 

In  the  preface  to  his  impartial  and  elocpient  his- 
tory of  the  United  States,  Mr.  Grauame  thus 
alludes  to  their  annals  : — "  There  never  has  been  a 
people  on  whose  character  their  ov/u  historical 
recollections  were  calculated  to  exercise  a  more 
animating  or  salutary  influence.  **•'«•  The 
oi-igin  of  the   nation,  and  the  rise  and  jji'ogress  of 


J 


Vl.  GENERAL    iNTRODtCTtON. 

its  institutions,  may  be  distinctly  ascertained  ;  and 
the  people  enabled  to  acquire  a  complete  and  accu- 
rate conception  of  the  character  of  their  earliest 
national  ancestors,  as  well  as  of  every  succeeding 
generation,  through  which  the  inheritance  of  the 
national  name  and  fortunes  has  devolved  upon 
themselves."  These  sentiments  were  those  enter- 
tained by  the  gentlemen  who,  in  IS^S,  organized 
the  "  New  Jersey  Historical  Society,"  with  the  view 
"  to  discover,  procure  and  preserve  whatever  relates 
to  any  department  of  the  history  of  New  Jersey — 
natural,  civil,  literary  or  ecclesiastical — and,  gen- 
erally, of  other  portions  of  the  United  States." 

In  1843,  previous  to  the  organization  of  the 
Society,  the  same  gentlemen — being  impressed  with 
the  proj^riety  of  New  Jersey's  taking  some  steps  to 
obtain  from  the  English  Archives,  copies  of  the 
records  referring  to  the  Provincial  history  of  the 
State — brought  the  subject  to  the  attention  of  the 
Legislature,  and,  at  the  next  session.  Governor 
Haines  alluded  to  it  in  his  annual  message.  This 
led  to  the  introduction  of  a  series  of  resolutions, 
emanating  from  tlie  Judiciary  Committee,  which 
were  intended  to  effect  the  object  through  Mr.  John 
Brodhead,  the  agent  of  New  York ;  then  abroad, 
engaged  in  securing  the  documents  referring  to  that 
State.  Although  preceded  by  a  favorable  report, 
the  resolutions,  as  they  required  a  majority  of  two- 
thirds,  did  not  pass. 


feEJifliRAt   IIlTttODtTCTtOI^.  Vll. 

In  18-46,  the  Historical  Society  presented  a 
memorial,  urging  action  on  the  imrt  of  the  Legisla- 
ture; but,  notwithstanding  a  recommendation  of 
Governor  Steatto]^,  and  another  favorable  rejDort, 
from  a  special  committee,  the  measure  was  again 
defeated. 

The  Society,  however,  continued  its  endeavors 
to  effect  the  object  in  view;  and,  in  1849,  through 
private  subscriptions,  secui*ed  sufficient  funds  to 
take  the  preparatory  step  of  obtaining  an  index  to 
the  New  Jersey  Colonial  Documents  in  the  State 
Paper  Offices,  through  an  agent  in  London.  This 
was  completed  in  1851  ;  and,  in  1854,  the  duty  of 
editing  the  Index  was  assigned  to  Mr.  AVhitehead, 
the  Corresponding  Secretary;  and,  in  1858,  under 
the  title  of  "  x\n  Analytical  Index  to  the  Colonial 
Documents  of  New  Jersey,  in  the  State  Paper 
Offices  of  England ;  with  Notes  and  References  to 
Printed  Works  and  Manuscripts  in  other  Deposi- 
tories," the  Society  published  a  valuable  volume 
of  over  500  pages  ;  furnishing  the  title,  date,  place 
of  deposit  and  summary  of  contents  of  each  docu- 
ment— over  3,500  in  all — both  in  England  and 
America  ;  constituting  the  fifth  volume  of  its 
"  Collections  :  "  the  Legislature  subscribing  for  500 
copies  of  the  work. 

This  action  of  the  Historical  Society  developed 
the  interesting  nature  of  the  documents  sought  to 
be  obtained,  and  delay  in  their  procurement  could 


Vm.  GKXKRAT.    INTRODUCTTON*. 

no  longer  be  i^egarded  with  favor.  But  still,  it 
was  not  until  1872,  through  the  instrumentality  of 
the  Hon.  Nathaniel  Niles,  Member  of  the  Legis- 
lature, from  Morris  County,  that  authority  was 
given  to  the  Society  to  procure  copies  of  all  papers, 
directly  referring  to  the  history  of  the  State,  which 
might  be  found  in  the  State  Paper  Offices  in  Eng-. 
land.  This  was  subsequently,  in  1874,  so  modi- 
fied, as  to  include  the  procurement  of  documents, 
of  a  like  import,  that  might  be  found  elsewhere ; 
and,  in  1878,  the  authority  was  still  further  extend- 
ed to  the  arranging,  collating  and  publishing  the 
papers  thus  procured. 

The  Society  appointed,  as  the  committee  to 
have  charge  of  these  important  duties,  the  Hon. 
Nathaniel  Niles,  Ex-Governor  Daniel  Haines, 
Ex-Governor  Joel  Parker  and  ^y.  A.  Whitehead. 
In  1878,  Ex-Governor  Marcus  L.  Ward  was  ap- 
pointed on  the  Committee,  in  ])lace  of  Ex-Governor 
Haines,  v/ho  had  died ;  and  the  duty  of  editing 
and  preparing  the  documents  for  the  Press,  and 
superintending  the  printing  of  the  several  volumes, 
was,  at  the  request  of  the  Society,  assigned  to  Mr. 
Whitehead.  Tlie  first  of  these  volumes  is  here  pre- 
sented. 

On  entering  upon  his  duties,  the  Editor  found 
several  questions  demanding  his  consideration  : — 

First. — AVithin  Avhat  limits  should  the  selection 
of  the  pa])ers  to  be  printed  be  confined  ?     As  there 


GT^NEt^AL   INTRODUCTION.  IX. 

could  be  no  doubt  of  the  additional  value  given 
to  the  "Analytical  Index/'  referred  to  above,  by 
including  therein  references  to  papers  found  else- 
where than  in  the  State  Paper  Offices  of  England, 
the  Committee  was  considered  to  have  acted  wisely, 
in  securing  copies  of  all  documents  of  the  character 
sought  to  be  secured,  referring  to  New  Jersey, 
wherever  found  ;  and,  with  comparatively  few  excep- 
tions, all  thus  selected  will  be  found  printed  in 
these  volumes.  For,  although  papers  of  much 
importance  in  arriving  at  right  conclusions,  respect- 
ing many  events  in  our  history,  have  already  been 
incorporated  in  the  few  works  thereon,  which  have 
been  published ;  yet,  to  leave  them  out  of  this  com- 
pilation, in  consequence,  would  render  the  volumes 
defective,  and  deprive  them  of — Avhat,  it  is  hoped, 
they  will  ever  deserve — the  consideration  due  to 
reliable  authorities  for  facts  bearing  upon  any  event 
of  the  early  history  of  the  State. 

Second.— 1^0  what  extent  should  his  notes  and 
annotations  be  carried  ?  Although  many  of  the 
documents  may  throw  much  light  upon  individual 
character  and  incidental  circumstances,  elucidating 
important  events  ;  yet,  as  they  were  not  intended  to 
constitute  parts  of  a  connected  narrative,  it  seemed 
advisable  that  casual  allusions  to  persons  and  events 
identified  with  the  period,  might  be  rendered  more 
serviceable,  by  receiving  additional  dates  and  expla- 
nations ;   and  to  that  end  the  remarks  of  the  Editor 


^-  GENERAL    I^lTRODrCTlo:^^. 

have  been  directed,  in  this  connection.  He  cannot 
promise  his  fellow-citizens  that  they  will  find  the 
result  of  his  labors  as  complete  as  they  may  desire. 
Compreliensive,  as  he  may  have  aimed  to  make 
them,  he  is  fully  aware  that  they  come  far  short  of 
the  perfection  sought.  No  one  can  regret  more 
than  himself,  that  what  is  intended  to  awaken  the 
peo^ole  of  New  Jersey  to  greater  interest  in  the 
history  of  the  State,  should  fail  to  realize  any 
expectations  that  may  have  been  aroused. 

In  the  use  of  capital  letters,  and  in  punctuation, 
the  original  documents  liave  been  scrupulously  fol- 
lowed ;  and  the  abbreviations,  so  common  in  old 
manuscripts,  have  been  imitated  as  nearly  as  pos- 
sible. Those  accustomed  to  examine  such  manu- 
scripts, will  have  noticed  the  j^tractice  of  omitting 
vowels — substituting  for  a  double  consonant  a  single 
letter — and  the  leaving  off  one  or  more  letters  at 
the  end  of  a  word — a  circumflex  above  the  line 
taking  the  place  of  one  or  all.  These  peculiarities 
have  been  sought  to  be  preserved  in  these  pages  by 
the  use  of  aj)ostrophes  above  tlie  line. 

W.  A.  WHITEHEAD. 

Newark,  N.  J.,  Xoceinber,  1880. 


COIS"TEIs[TS. 


Page. 
1631 — June       3. — Patent  to  Samuel  Godyn  and  Samuel  Bloemmaert, 

for  the  east  side  of  Delaware  River,  now  Cape  May 

County,  New  Jersej'^ 1 

16G4 — March  12.— Patent  from  King  Charles  II.  to  James,  Duke  of 

York,  for  tract  of  land  in  New  England,  including 

New  Jersey'. 3 

"  June  23. — Lease  for  a  year  from  James,  Duke  of  York,  to 
Lord  John  Berkeley  and  Sir  George  Carteret,  for 
New  Jersey 8 

"  "       24. — Release  from  James,  Duke  of  York,  to  John,  Lord 

Berkeley,  and  Sir  George  Carteret,  for  New  Jersey.  .     10 

"  Sept.  30. — Application  to  Governor  Richard  Nicolls,  for  per- 
mission to  locate  lands  in  New  Jersey 14 

"  Oct.  28. — Deed  from  the  Indians  to  John  Bailey  and  his  As- 
sociates for  Elizabeth  town  tract 15 

"       Dec.       1. — Confirmation  by  Governor  Nicolls  of  the  purchase 

from  the  Indians  of  the  Elizabethtown  tract 17 

1(565 — Feb.      10. — Commission  of   Philip    Carteret   as    Governor  of 

New  Jersey 20 

"         "  "  — Instructions  of  the  Lords  Proprietors  to  Governor 

Philip  Carteret 21 

"         "  "  — Commission  of  Robert  Vauquellin  to  be  Surveyor 

General  of  New  Jersey 20 

"  "  "  — The  Concessions  and  Agreements  of  the  Proprie- 
tors of  New  Jersey 28 

"  April  8. — Grant  from  Governor  Nicolls  for  land  at  Sandy 
Hook  and  on  Raritan  Bay — known  as  the  Monmouth 
Patent 43 

"       — . — Letter  from  Governor  Nicolls,  of  New  York,   to 

the  Duke  of  York,  objecting  to  his  grant  of  New 
Jersey  to  Lords  Berkeley  and  Carteret 4<) 

"       Nov.      22  \  - — Oaths  of  Allegiance  taken  by  the  inhabitants  of 
to  -  Bergen,     Newark,     Elizabethtown,     Woodbridge, 

1()(>8 — Feb'y    27.)  Navesink,  Middletown  and  on  the  Delaware 48 

1<)(J6 — Feb'y   27. — Letter  from  Governor  Carteret  to  those  proposing 

a  settlement  on  the  Delaware 51 

"        April     9 — Letter  from  Governor  Nicolls,  of  New  York,  to 


XIV.  CONTENTS. 

Page. 
Lord  Arlington — objections  to  the  grant  to   Lords 

Berkeley  and  Carteret 54 

IGfiG — May      26. — Letter    from    Governor    Carteret    to   the    Indian 

Sachem  Oraton,  relative  to  the  Newark  tract 55 

"  "  "  — Letter  from  Governor  Carteret  to  Captains  Post 

and  Cornelius,  interpreters 56 

1668 — April       7. — Proclamation   of   Governor   Carteret,   calling   the 

first  Assembly 56 

"  Aug'st  25. — Letter  from  Samuel  Maverick  to  I^ord  Arlington — 
objections  to  the  grant  to  Lords  Berkeley  and  Car- 
teret       57 

1661) — March  1. — Proclamation  of  Governor  and  Council,  prohibit- 
ing the  inhabitants  of  Middletown  and  Shrewsbury 
from  voting 58 

"  "        "  — Warrant  for  the  Navesink  men  to  produce  certain 

laws,  and  to  publish  them 59 

"  "        " — Warrant   from   Governor  Carteret,   requiring  the 

surrender  of  a  certain  paper  in  the  possession  of 

some  one  in  Middletown 61 

1670- -April  -i. — Letter  from  Governor  Carteret  to  Surveyor  Gene- 
ral Vauquellin,  relating  to  Woodbridge  and  Piscata- 
way  lands 61 

"       Oct.      20. — Order    from    Governor    Carteret,    enlarging    the 

authority  of  the  Court  at  Woodbridge 62 

"  *'        25, — Letter  from   Governor  Carteret  to   the  people  of 

Woodbridge,  urging  conformity  to  the  requirements 

of  the  Proprietors 03 

1671 — March  15  >  — Proceedings  against  William  Hackett,  captain  of 

to  June  oO. )  the  sloop  Indeavor. 64 

"  Sept.  25. — Minutes  of  Council,  held  at  Fort  James  (New 
York) — Indian  murders  at  Matiniconck  Island,  Dela- 
ware       72 

"  *'  26. — Letter  from  Governor  Lovelace  to  Mr.  Tom,  Dela- 
ware, relating  to  Indian  murders 74 

"       Nov.       7. — Minutes   of   Council,    held    at    Fort  James  (New 

York) — Indian  murders  at  Matiniconck,  Delaware. . .     76 

"  "  !). — Letter  from  Governor  Lovelace  to  Captain  Carr,  at 

Newcastle,  relating  to  Indian  murders 7!t 

1672 — Feb.  &  >  — Proceedings  at  a  Special  Court,  held  at  Elizabeth- 
March,  i  town,  for  the  trial  of  William  Meeker  and  others.  ...     80 

"      May      28. — Confirmation  of  certain  privileges  to  Middletown 

and  Shrewsbury 88 

"         "         "  — Declaration  and  Protestation  of  the  Governor  and 

Council  against  James  Carteret 8J) 

"      June     15. — Letter  from  the  Council  to  Governor  Carteret  about 

James  Carteret i^l 


CONTENTS.  XV. 

-V  Pago. 

1672 — Juue     17. — Order  prohibiting  the  exercise  of  any  authority  in 


^en  not  sanctioned  by  the  Governor 92 

July       1. — Commission  from  the  Council  to  Samuel  Moore,  to 

represent  them  in  England <)?, 

"  "^ — Address  of  the  Council  to  the  Lords  Proprietors, 

about  the  affairs  of  the  Province f)4 

Nov.     25. — Letter  from  the  Duke  of  York  to  Governor  Love- 
lace, relating  to  New  Jersey 97 

Dec.        6. — The   Lords   Proprietors'   declaration    of   the   true 

intent  and  meaning  of  the  Concessions 09 

"          "  — Declaration  of  the  Lords  Proprietors  to  the  inhabit- 
ants of  New  Jersey,  against  the  malcontents 101 

"  "  — Letter  from  the  Lords  Proprietors  to  the  Governor 

and  Council   of  New   Jersey,  referring  to  William 

Meeker 104 

"  7. — Grant  from  the  Lords  Proprietors  to  the  Officers 

and  Freeholders  of  Woodbridge,  and  to  Samuel  Moore  104 
"  " — Directions  for  the  Governor  and  Council  of  New 

Jersey,  from  the  Lords  Proprietors,  relating  to  the 

purchase  of  land  from  the  Indians,  &c 1().'> 

"  9. — Letter  from  King  Charles  II.  to  the  Deputy  Gov- 

ernor and  Council  of  New  Jersey,  contimiiug  their 

authority 107 

"        10. — 'Letter  from  the  Lords  Proprietors  to  Deputy  Gov- 
ernor and  Council  of  New  Jersey — their  claims  to  be 

sustained 108 

"        11. — Letter  from  the  Lords  Proprietors  to  the  pretended 
representatives  of  Elizabethtown,  Newark  and  Pis- 

cataway 109 

1G73 — June  G  to  >  — Titles   to   plantations   between  Oldman's  Creek 

1G78— Oct.  28.      i"  and  Salem 109 

1673 — May      22. — Orders  from  Deputy  Governor  Beiry  and  Council 
to  the  inhabitants  of  the  several  towns,  to  take  out 

their  warrants,  &c 119 

"       Aug'st    8. — ^Nathan  Gould's  account  of  circumstances  leading 

to  the  capture  of  New  York  by  the  Dutch 121 

"         "     1'^  to) 

;-  — Minutes  of  the  Council  of  New  Netherland 122 

1G74— July  6.       ) 

1G73 — Dec.       2. — Affidavit  of  William  Hayes,  about  the  taking  of  New 

York  by  the  Dutch 152 

1074 — June     13. — Letter  from  Charles  II.,  concerning  obedience  to 

the  Government  of  Sir  George  Carteret 153 

"  "        23. — Proceedings  of  Court,  in  relation  to  the  differences 

between  Piscataway  and  Woodbridge 154 

(<  '<        29. — Petition  of  the  inhabitants  of  Newark,  Elizabeth 

and  Piscataway  for  a  confirmation  of  their  privileges  155 


XVI.  CONTENTS. 

Page. 
Ifi7-i — July        1. — Commission  of  Edmund  Andros  as  Governor   of 

New  York  and  dependent  coimtry 156 

"  "       18. — Decision  of  the  Court  respecting  the  differences 

between  Woodbridge  and  Piscataway 159 

"  "       23. — Warrant  from  the  Duke  of  York  to  Attorney  Gene- 

ral Wynnington,  to  prepare  a  patent  to  Sir  George 

Carteret  for  East  Jersey 160 

"  "       28. — Lease  from  Duke  of  York  to  Sir  George  Carteret, 

for  the  Northern  half  of  New  Jersey 161 

"  "       2'J. — Release  from  Duke  of  I'^ork  to  Sir  George  Carteret, 

for  the  Northern  half  of  New  Jersey 163 

31. — Directions,   instructions  and   orders    to   Governor 
Philip  Carteret,  his  Council,  and  the  inhabitants  of 

East  Jersey,  by  Sir  George  Carteret 167 

"       Dec.      11. — Order  for  a  General  Court,   to  be  held  March  'J, 

1675 176 

1675 — Feb'y  13. — Letter  from  Sir  Joseph  Werden,  Secretary  to  the 
Duke  of  York,  to  Governor  Andros,  relating  to  the 

pretensions  of  Sir  George  Carteret 179 

"       March  27. — Letter  from  Governor  Andros  to  Captain  Cantwell, 

relating  to  Indian  affairs 170 

April    23. — Letter  from  Governor  Andros  to  Captain  Cantwell, 

on  Indian  affairs 181 

"       May      13. — Conference  at  Newcastle,  Del.,  on  Indian  affairs. .   182 
1676 — Feli'y     5. — Affidavit  of  Silvester  Salisbury,  Peter  Smith  and 
Edward  Sackville,  as  to  the  number  of  families  in 

New  Jersey  on  the  arrival  of  Philip  Carteret 183 

1675 — June     — . — Note   of  the   arrival  of   John  Fenwieke   and   his 

family  in  West  Jersey 185 

1676 — May        3. — Major  Fenwieke  before  the  Council,  in  regard  to 

his  claims  on  Delaware 186 

Aug'st  — . — Presentment  of  Samuel  Leete  against  John  Fen- 
wieke    186 

"       Sept.    25. — Warrant  of   Governor  Andros  against  John   Fen- 
wieke     187 

"       Dec.    5   ^  — Proceedings  of  the  Government  of  New  York,  in 
to  ;-  relation  to  the  settlement  and  jurisdiction  of  John 

1(J78— Oct.  28.  )  Fenwieke 188 

1676 — July  1. — Quintipartite  Deed  between  Sir  George  Carteret, 
William  Penn,  Nicholas  Lucas.  Gawen  Lawrie  and 
Edward  Byllynge,    dividing  the    Province   of  New 

Jersey  into  East  and  West  Jersey 205 

"       Ang'bt  18. — Instructions  from  William  Penn,  Gawen  Lawrie, 
Edward    Byllynge,    Nicholas    Lucas    and    Edmond 

Warner,  to  their  Commissioners  in  West  Jersey 211) 

June     25. — First  agreement  for  the  settlement  of  West  Jersey.  225 


CONTENTS.  Xvii. 

Page. 
1676 — Aug'st  26. — Letter   from   the   Proprietors  of   "West   Jersey  to 

Richard  Hartshorne,  one  of  their  Commissioners 227 

"  "  31.— Letter  from  Sir  John  Werden,  Secretary,  &c.,  to 
Governor  Edmund  Andros,  siistaining  the  Duke  of 
York's  prerogatives 230 

"  Sept.  — .--Letter  from  William  Penn,  Gawen  Lawrie  and 
Nicholas  Lucas  to  those  proposing  to  settle  in  West 
Jersey 231 

"  Nov.  20. — Minutes  of  a  Council,  held  at  New  York,  in  rela- 
tion to  Major  John  Fenwicke's  granting  patents  in 

New  Jersey 23a 

1077 — Jan'y    12. — Proceedings  at  a  Court,  held  at  New  York,  for  the 

trial  of  Major  John  Fenwicke 236 

"  "        "  —Proceedings  against  Major  John  Fenwicke  under 

the  presentment  of  Samuel  Leete ....    238 

"  Aug'st  4. — Permission  given  to  Thomas  Olive  and  other  pas- 
sengers of  the  ship  Kent,  to  settle  in  West  Jersey.  . .   239 

"  March  3. — The  Concessions  and  Agreements  of  the  Proprie- 
tors, Freeholders  and  Inhabitants  of  the  Province  of 
West  New  Jersey,  in  America , 241 

"       — . — Letter  from  Governor  Andros  to  Captain  Billop, 

Commander  at  Delaware,  relating  to  the  arrival  of 
the  Martha,  of  Hull 270 

"       Oct.      17. — Letter  from  Governor  Andros  to  the  Commissioners 

for  West  Jersey,  as  to  their  privileges 271 

"  — . — Opinion  of  certain  English  Lawyers  as  to  the  in- 
efficiency of  Governor  Nicolls"  patent  for  Elizabeth- 
town  272 

1678 — May        9. — Depositions  relating  to  the  conduct  of  John  Fen- 
wicke, made  before  a  Court  at  Newcastle 275 

"         "         16 — Proclamation  of  John  Fenwicke  to    claimants  of 

land  in  West  Jersey 276 

"  "  22. — Order  of  Council,  at  New  York,  against  John  Fen- 
wicke's proceedings 278 

"         "         25, — Letter  from  Secretary  Nicolls,  New  York,  to  the 

Court  at  Newcastle,  inclosing  the  above . .   271> 

"       June    18. — Minutes  of  New  York  Council,   relating  to  John 

Fenwicke 280 

"     .July  17-24. — Proceedings  of  Council,  at  Newcastle,  relating  to 

Major  .John  Fenwicke's  case 280 

"       Oct.      25, — Names  of  persons  at  Salem,  where  Major  Fenwicke 

settled 283 

"         ■'         26. — Commission   from    Governor    Andi'os   to   William 

Penton  and  othei's,  to  be  Overseers  at  Salem 284 

•'  '■  28. — Order  from  Governor  Andros,  directing  the  Jus- 
tices at  Newcastle,  Del.,  to  protect  the  inhabitants  in 


XVIU.  CKXTKXTS. 

Page. 
West  Jersej-,  against   the    uulawful   proceedings   of 

Major  Fenwicke 285 

KwJS — Nov.      14. — Lease  of  Matiniconck  Island,  in  Delaware  River, 

to  Robert  Stacy  28(5 

"  Dec.  ;>. — Petition  of  Thomas  Olive  and  other  inhabitants  of 
Burlington,  to  the  Governor  of  New  York,  in  favor 
of  Henry  Jacobs,  then  the  tenant,  in  possession  of 

Matiniconck  Island '2)>7 

U>7'.) — June     2'A. — Petition  from  persons  from  England  for  grants  of 

laud 28!) 

"  Sept.  1!).  -Sir  John  "Werden  to  the  Secretary  of  State,  on  the 
extent  of  the  authority  granted  to  the  Proj^rietors  of 
New  Jersey 280 

"       Oct.      26. — Names  of  the  Magistrates  in  West  New  Jersey ...  .   2!tl 
1680 — March    8. — Letter  from  Governor  Andros   to    Governor  Car- 
teret, transmitting  copies  of  his  commission  and  of 
the  King's  Letters  Patent,  and  informing  him  of  the 

necessity  for  a  fort  at  Sandy  Hook 2'.l2 

March  ];!.  ^Proclamation    of    Governor    Andros    against    the 

authority  of  Governor  Carteret 2!).j 

•'  "      20. — Letter  from  Governor  Carteret  to  Governor  Andros, 

in  answer  to  his  of  8th  of  March 2'.I4 

"  "  22. — Commission  from  Governor  Carteret  to  John  Ber- 
ry, to  be  his  successor 2!)") 

"  "      2:5. — Proceedings  of  New  York  Council  in  relation  to 

representation  from  the  towns  in  New  Jer.sey 2!M) 

"  "  29. — Letter  from  Governor  Carteret  to  Governor  Andros, 
countermanding  orders  for  a  meeting  of  the  General 
Assembly,  and  condemning  his  proceedings 207 

"       April  ')-'. — Visit  of  Governor  Andros  to  New  Jersey. 200 

"       May       1. — Warrant  from  Governor  Andros  for  the  arrest  of 

Governor  Carteret ;l()2 

"         "  27-28. — Extracts  from  the  Minutes  of  a  Special  Court  of 
Assizes,  held  in  New  York,  for  the  trial  of  Governor   . 
Carteret 303 

"       June      1. — Account  of  Governor  Andros'  visit  to  New  Jersey 

to  meet  the  Assembly 304 

"  "         2. — Return  of  Deputies  for  New  Jersey  Assembly 30(5 

"  "  2-."). — Proceedings  of  the  New  Jersey  Council  and  As- 
sembly     307 

"  "  8. — Proceedings  against  William  Taylor  and  John  Cur- 

tis, for  speaking  disre.spectf ully  of  Governor  Andros.   313 

"       July       9. — Letter  from  Governor  Carteret  to  the  Proprietor, 

relating  to  the  proceedings  of  Andros 314 

*'         •'  " — Letter  from  Governor  Carteret  to  James  Bollen, 

tbeo  in  Euglaud,  giving  a«  account  of  his  trial 310 


Page. 
1G80 — July      14. — Objections  of  the  people  of  Woodbridge  to  choos- 
ing Justices,  in  accordance  with  the  instructions  of 
Governor  Andros 318 

"         "        2;"). — Governor  Andros'  approval  of  the  appointments  at 

PiscataM'ay ^l!) 

"         "  21-o0. — Proceedings  of  New  York  Council  on  New  Jer.sey 

matters o  1  !> 

•'       Aug'st     4. — Proceedings  against  John  Curtis. 320 

"  "  •' — Warrant  from  Governor  Andros  for  the  arrest  of 

Samuel  Moore  and  Samuel  Dennis 321 

"  "        13. — Proceedings    of    New   York   Council,   relating   to 

Samuel  Moore  and  Dr.  William  Taylor 322 

"  ••  ('). — Memorandum  respecting  the  claim  of  Edward  Byl- 
lynge,  and  Sir  William  Jones'  opinion  on  the  right  of 
the  Duke  of  Y'ork,  to  claim  any  duties  from  the  in- 
habitants of  New  Jersey 323 

"  "  " — Grant  from  the  Duke  of  York  to  William  Peun, 
Gawen  Lawrie,  Nicholas  Lucas,  John  Eldridge  and 
Edmund  Warner,  for  West  New  Jersey,  in  trust  for 
Edward  Byllynge,  to  whom  the  Government  is  con- 
veyed     324 

"  "         19. — Letter  from  John  Bowne,  Town  Clerk  of  ]\[iddle- 

town,  to  Governor  Andros,  about  a  town  meeting. .  .   333 

"  •'        20. — Letter   from   John    Bowne    to    Governor   Andros, 

relating  to  .Middletown  matters 333 

"      Sept.  8  23. — Case  of  William  Meeker  against  William  Pardon, 

in  Court  of  Sessions,  at  Elizabethtown 334 

"  "  10. — Release  of  James,  Duke  of  York,  to  Sir  George 
Carteret  (grandson  and  heir  of  the  original  Proprie- 
tor), for  East  Jersey 337 

"  Nov.  6. — Letter  from  Sir  John  Werden  to  Governor  Andros 
— the  Duke  of  York  had  released  both  moieties  of 

New  Jersey 34."i 

l(!Sl — March    2. — Proclamation   of   Governor   Carteret   against   the 

authority  of  Governor  Andros 34<> 

"  May  12. — Letter  from  Sir  John  Werden  to  Governor  Andros, 
relative  to  the  ownership  of  the  islands  in  the  Dela- 
wai'e  River •UT 

'•       July      Ifi. — Letter  from  Sir  John  Werden  to  Williacn  Penn, 

relative  to  the  islands  in  the  Delaware  River 348 

"  "  22. — Letter  from  Governor  Carteret  and  Council  to  the 
Governor  and  Council  of  New  York,  relating  to 
Staten  Island 3.4!l 

"  "         "  — Letter   from   Governor  Carteret  to  Deputy  Gov- 

ernor Anthony  BrockhoUs — Messrs.   La  Prairie  and 
Bollen  sent  to  demand  the  surrenderor  Staten  Island.   34'J 


iCX.  CO^fTEKTS. 

I'age. 
1681 — July     '22. — Proclamation  of  Governor  Carteret  to  the  inhabit- 
ants of  Staten  Ishmd 3 aO 

"  "  2G. — Answer  of  Captain  Brockholls  to  Governor  Car- 
teret's Letter  of  the  22d 351 

"  '•  L'8. — Letter  from  Governor  Carteret  to  Captain  Brock- 
holls, in  answer  to  the  foregoing 3.1  L' 

"  "  30. — Letter  from  Governor  Carteret  to  Lady  Elizaljeth 
Carteret,  informing  her  of  his  action  in  relation  to 
Staten  Island 3 ')3 

"       Aug'st    8. — Letter  from  Sir  John  Werden  to  Sir  Allen  Apsley — 

relations  of  New  Jersey  to  New  York 3.")3 

"       Oct.  19  to  I  — Proceedings   of  the  Governor,  Coiancil  and  As- 

"       Nov.  2.        )  sembly  of  East  Jersey 354 

1G82 — Feb'y  1. — Lease  from  Elizabeth,  widow  of  Sir  George  Car- 
teret, and  his  Trustees,  to  the  first  twelve  Proprie- 
tors of  East  Jersey 3GG 

March  23. — Deed  from  John  Fenwicke  to  William  Penn,  for 

half  of  New  Jersey 370 

"  June  1. — Agreement  of  the  twelve  Proprietors  of  East  Jer- 
sey as  to  the  benefit  of  survivorship 373 

"       Sept.      in. — Commission  of  Thomas  Kudyard  to  be  Seci'etary 

and  Register  of  East  Jersey 37t! 

"  "  " — Commission   of   Samuel   Groom    to    be    Receiver 

General  of  East  Jersey 378 

"  Dec.  21. — Letter  from  the  llegister  of  Scotland  (Earl  of 
Perth),  to  Sir  John  Werdeu,  expressing  the  desire  of 
the   Proprietors  of  East  Jersey  to  receive   a  grant 

directly  from  the  Duke  of  York 37S) 

1083 — Jan'y  4. — Letter  from  Sir  John  Werden  to  the  Lord  Regis- 
ter of  Scotland  (Earl  of  Perth),  in  answer  to  the 
foregoing 380 

"  March  3. — Letter  from  James  Nevill  to  Governor  William 
Penn,  relative  to  the  extension  of  his  authority  over 
West  Jersey 382 

"  "      14. — Release  from  the  Duke  of  York  to  the  twenty-four 

Proprietors  of  East  Jersey 383 

*'  June  (>. — Minutes  of  Pennsylvania  Provincial  Council — on 
the  sending  of  letters  from  East  Jersey  to  England, 
which  were  prejudicial  to  the  welfare  of  Pennsylvania.  394 

"       — . — Fundamental  Constitutions  for  the  Province  of  East 

Jersey 39."> 

"       — . — Letter  of   the  Proprietors  of  East  Jersey  to  the 

planters 411 

"  3Iay  2.".. — Letter  from  James  Nevill  to  Governor  William 
Penn,  with  account  of  Fenwicke 's  grants  of  land  in 
West  Jersey  413 


coiitEis^'ts.  XXI. 

i^age. 
1^83 — Jiine     11. — Commission   from    Governor    William    Penn,    of 

Pennsylvania,  to  Commissioners  to  treat  with  West 

Jersey,  with  their  instructions. .    4  ]."> 

"  "  11. — Letter  from  Governor  Penn  to  the  Governor  and 
Council  of  West  Jersey,  informing  them  of  the  ap- 
pointment of  the  Commissioners 417 

"  "  20. — Letter  from  Governor  Penn  to  the  Governor  and 
Council  of  West  Jersey,  acknowledging  the  receipt  of 
a  communication  from  them 4l'.» 

"  March  — . — Memorial  from  the  people  of  Salem  to  Samuel  Jen- 
nings, Governor,  and  the  Council  of  West  Jersey, 
asking  for  a  confirmation  of  their  grants 4l'1 

"       July     18. — Proclamation  of  Governor  Penn,  of  Pennsylvania, 

against  the  aiithority  of  Thomas  Mathews 422 

"  — . — Commission  of  Gawen  Lawrie,  to  be  Deputy  Gov- 
ernor of  East  Jersey 423 

"  July  20. — Instructions  from  the  Proprietors  to  Deputy  Gov- 
ernor Lawrie  of  East  Jersey 420 

"       Sept.     21. — Instructions  for  the  lajing  out  of  Perth  Town  in 

East  Jersey .   i?A 

"  Oct.  22. — Letter  from  Governor  Thomas  Dongan,  of  New 
York,  to  Governor  William  Penn,  relative  to  a 
rumored  purchase  of  Captain  Baker's  interest  in 
Governor  Nicoll's  patent 437 

"  Nov.  23. — Letter  from  King  Charles  II.  to  the  Governor  and 
Council  and  Planters  of  EastJersey,  confirmatory  of 
their  rights  iinder  him 438 

"  — . — List  of  the  Proprietors  of  East  Jersey,  and  State- 
ment of  the  grant  and  confirmation  of  the  King  to 
the  twenty- four  Proprietors 441 

"      Dec.     21. — Additional  Provisions  to  the  Constitution  of  East 

Jersey 443 

l(t84 — Jan'y  2. — Letter  from  the  Proprietors  in  England  to  Deputy 
Governor  Lawrie  and  Council  in  East  .Jersey,  relat- 
ing to  Thomas  Rudyard,  Samuel  Groom,  &c 44<; 

"       Feb.  20  to  ^  — Agreement  of   the   Proprietors   of   East  Jersey, 

"       Oct.    4.      j  respecting  the  taking  up  of  land 4.">2 

"  Feb'y  29. — Letter  from  the  Proprietors  of  East  Jersey  to  the 
Planters,  expressing  their  hope  that  a  due  submission 
to  their  authority  will  be  manifested 4."i4 

"  March  10. — Letter  from  Sir  John  Werden  to  Governor  Dongan. 
of  New  York — no  part  of  New  Jersey  to  be  united  to 
Pennsylvania •l."»7 

"  "  15. — Letter  from  Charles  II.  to  Edward  Byllynge,  Gov- 
ernor of  West  Jersey — Pirates ^i>^ 

"       April      9. — Proceedings  of  Council  at  Fort  James  (New  York), 

on  Indian  affairs ■   458 


\X11.  CONTENTS. 

l^age. 
1(!."^4 — Ang'st    1. — Iiisti'uctions  to  Deputy  Governor  Lawrie  aud  other 

Proprietors  in  East  Jerse}^ 459 

'■  Ang'st  22. — Letter  from  Earl  of  Perth  and  other  Proprietors  of 
East  Jersey  to  Governor  Dongan — no  wish  to  have 
the  Province  united  to  New  York 403 

"       — . — Account  of  shipment  to  East  Jersey,  in  ICSli,  by 

some  of  the  Proprietors 404 

'■       — . — Account  of  the  respective  interests  in  the  cai'go  of 

ship  Exchange,  sent  to  East  Jersey  in  August,  10.'^;'..   400 

"       May       ;5. — Instructions  from  the  Proprietors  of  East  Jersey, 

relating  to  the  setting  out  of  land  in  their  Province.  .   470 

"  Aug'st  L'fJ. — Letter  from  the  Duke  of  York  to  Governor  Don- 
gan, relating  to  the  exclusive  trade  of  Hudson  River.  47.") 

"  Ang'st  27. — Letter  from  Sir  John  Werden  to  Governor  Dongan, 
relating  to  Captain  Billop's  plantation  on  Stateu 
Island,  and  to  lands  on  the  Susquehanna  River 4  70 

"       Nov.     l:'>. — Instructions  to  Deputy  Governor  Lawrie,  relating 

to  the  taking  up  of  land  in  East  Jersey 470 

WS') — Feb'y  13. — Letter  from  Governor  Dongan  to  the  Earl  of  Perth, 
exculpating  himself  from  charges  of  having  acted 
prejudicially  to  the  Earl's  interests 4cS3 

"  — . — Letter  from  Governor  Dongan  to  Sir  John  Wer- 
den, relating  to  Staten  Island  and  the  Indian  ti'ade.  .   4sr) 

"  April  6. — Letter  from  William  Dockwra  to  Deputy  Governor 
Lawrie  and  other  Proprietors,  informing  them  that 
he  had  been  granted  one  thousand  acres  of  land  in 
East  Jersey 480 

'*       May      11. — Confirniation  of  former  orders  by  the  Proprietors 

of  East  Jersey 4SS 

"  '•  l.">. — Letter  from  the  Mayor  of  New  York  to  Sir  John 
Werden,  complaining  of  the  detriment  to  New  York, 
occasioned  by  the  separation  of   Delaware  and   the 

Jerseys  from  it 4'.»| 

July  .").— Order  of  the  Proprietors  of  East  Jersey  for  laying 
out  of  lauds,  and  censuring  Thomas  Rudyard  and 
Gawen  Lawrie t!l2 

"  "  l.">. — Order  of  Privy  Council,  on  report  of  the  Mayor  of 
New  York,  as  to  the  detriment  to  that  Govei'nment  by 
the  separation  of  New  Jersey  and  Delaware  from  it.   ool 

'*       Oct.      20. — Order  of   the   Proprietors  of   East  Jersey  for  an 

examination  into  the  affairs  of  the  Province 'tO'A 

"       Nov.      17   ', — Testimony  of  Timothy  Halstead,  Samuel  Denton 
to  •  and  Josiah  Lentin,  relating  to  their  interest  in  the 

lOSO— March  .31.  )  Elizabethtown  grant 504 

"       April    2!>. — Appointment  of  William  ro3kwni,  to  be  Agent  for 

the  Proprietors .lOO 


CONTENTS.  XX  111. 

Pa-o. 
ltJ84 — April    13. — Agreement  between  'William  Penn  and  the  Execu- 
tors of  John  Fenwicke,  relative  to  certain  lauds 507 

l(i.S(> — Mar.  2Ci  to  )  — Instructions  from  Earl  of  Perth  and  other  Pro- 

"       June   i.      )  prietors  to  Andrew  Hamilton r)Of< 

"  "        14. — The  Proprietors  in  England  to  the  Governor  and 

C'ouncil  of  East  Jersey ."ill 

"  "       30. — Minutes  of  a  Council  at  New  York,  relative  to  the 

line  between  East  and  West  .Jersey ."i  1 7 

"  Sept.  1. — Instructions  from  the  Council  at  New  York  to 
Philip  Wells,  Surveyor  General  of  New  Y'ork,  relative 
to  the  line  between  New  York  and  East  .Jersey ',[t^ 

"  "  14. — Agreement  between  the  Governors  of  East  and  West 
.Jersey  to  submit  the  dividing  line  of  the  Province  to 
arbitration 5 ; ii 

"  Nov.  11. — Position  of  the  Forty  first  Degree  of  North  Lati- 
tude on  Hudson  River 520 

"       — . — Certificate  of  Governor  Lewis  Morris,  relative  to 

the  line  between  New  Y'ork  and  New  .Jersey ."i^  1 

KiSr — Jau'y  8. — Obligation  of  the  Deputy  Governor  and  Projorie- 
tors  of  West  -Jersey,  to  abide  by  the  determination  of 
the  arbitrators  on  the  division  line 522 

"  "         '•  — Award  of  .John  Keid  and  William  Emley,  ajjpointed 

to  settle  the  line  between  East  and  West  Jersey 523 

"  Feb'y  22. — Governor  Dongan's  report  on  the  state  of  the  Prov- 
ince of  New  York,  &c 524 

"       April       2. — List  of  the  Proprietors  of  East  .Jersey,  with  their 

respective  subdivisions 528 

"  May  5  — Revocation  of  all  Depiity  Governor  Lawrie's  pow- 
ers in  East  .Jersey 531 

*•  "        — . — Petition  of  .Judge  John  Palmer  to  the  King,  for 

the  remittance  of  a  fine  imposed  on  him 532 

"  "  — . — Petition  of  the  Proprietors  of  East  .Jersey  to  the 
King,  relating  to  the  seizure  of  a  vessel  at  Perth  Am- 
boy  by  the  Governor  of  New  York 533 

"  .June  — . — Representation  and  Proposals  of  the  Propi'ietors  of 
East  .Jersey,  relative  to  a  free  port  and  a  Govern- 
ment separate  from  New  Y'ork 535 

"       Aug'st  14. — Order  creating  New  Perth,  in  East  Jersej^  a  jiort 

of  entrj' 540 

*'  Sept.  24. — Letter  from  Governor  Barclay  and  the  Proprietors 
of  East  .Jersey,  in  England,  to  the  Deputy  Governor 
and  Council,  confirming  the  authority  of  Andrew 
Hamilton  as  Deputy  Governor 541 

"  Dec.  13. — Instructions  to  Matthew  Plowman,  Collector  of  the 
Customs  at  New  York,  as  to  permitting  vessels  to  go 

direct  to  New  Y'ork 543 

Index  345 


i^EW  JERSEY 
COLONIAL  DOCUMENTS. 


Patent  to  Samuel  Godyn  and  Samuel  Bloemmiaert  for  the 
East  Side  of  Delaware  Iiiver,  7iow  Cajje  May  County, 
New  Jersey. 

[From  New  York  Colonial  Documeuta,  Vol.  XII.,  page  17.] 

We,  Director  and  Council  of  New-Netherland,  residing 
on  tlie  Island  of  Manhattan  at  Fort  Amsterdam,  nnder 
the  jurisdiction  of  Their  Noble  High  Mightinesses,  the 
Lords-States-General  of  the  United  Netherlands  and  tlie 
Incorpoi-ated  West-India  Company,  Department  of  Amster- 
dam, attest  and  declare  herewith  that  to  day,  date  under- 
written, appeared  Peter  Heyssen,  skipper  of  the  ship 
"Walvis,"at  present  lying  in  the  South  river,  and  Gillis 
Ilosset,  commissary  on  the  same,  who  declare,  that  on  the 
5***  day  of  May,  last  past,  before  them  appeared  personally, 
Sawowouwe,  Wuoyt,  Pemhake,  Mekowetick,  Techepewoya, 
Mathamek,  Sacoock,  Anehoopoen,  Janqueno  and  Pokahake, 
lawful  owners,  proprietors  and  inhabitants  of  the  east  side 
of  Goddyn's  East  bay,  called  Cape  de  Maye,  who  for  them- 
selves in  proportion  of  their  own  shares  and  for  all  the 
other  owners  in  regard  to  tlieir  shares  of  the  same  land, 
declared  of  their  own  accord  and  deliberately  in  their  said 
quality,  to  have  transported,  ceded  and  conveyed  as  lawful, 
unalienable  and  free  property  by  virtue  and  title  of  sale 
and  in  consideration  of  a  certain  quantity  of  goods,  which 
they,  the  conveyors,  acknowledge  in  their  said  cpiality  to 
have  received  and  accepted  before  the  passing  of  this  con- 
tract, and  they  herewith  transpoit,  cede  and  convey,  to  and 
in  behoof  of  the  Noble  Honorable  Samuel  Godyn  and 
Samuel  Ploemmaert  (who  are  absent  and  for  whom  they 
had  accepted  the  hereafter  described  land  subject  to  the 
usual  reservation)  to  wit. :  the  east  side  of  Godyn's  bay  or 


2  NEW    JERSEY    COLONIAL    DOCtMENTS.  1.1^*31 

Cape  (le  May,  reacLiiii;'  4  miles  from  tlie  said  cajie  to- 
wards the  bay  and  4  miles  along  the  coast  sonthward, 
and  another  4  iniles  inland,  being  16  sqnarg  miles, 
with  all  interests,  rights  and  ]>rivileges,  which  were  vested 
in  themselves  in  their  aforesaid  qnality,  constituting  and 
delegating  the  aforesaid  purchasers  in  their  own  stead  as 
real  and  actual  owners  thereof  and  giving  and  surrendering 
at  the  same  time  to  their  llonoi's,  full,  absolute  and  irrevoc- 
able power,  authority  ami  special  charge,  that  tamquain 
aclores  H  2^1'ocuratores  in  rem  pro2'>riam  the  ]Srol)le  IMessrs. 
Godyn  and  P)loemmaert  or  those,  who  might  hereafter  re- 
ceive their  property,  enter  upon,  possess  in  peace,  inhabit, 
cultivate,  keep,  use,  do  with,  trade  and  dis])ose  of  the  afore- 
described  land  as  they  would  do  with  their  own  inlu'rite<l 
lands  and  fiefs,  without  that  they,  the  conveyors  shall  have, 
reserve  or  keep  in  the  least  degree  any  particle  of  claim, 
right  or  privilege  thereon  be  it  of  ownership,  authority  or 
jurisdiction,  but  for  the  behalf  as  aforesaid  they  herewith 
entirely  and  ab-olutely  desist  from,  give  up,  abandon  and 
renomice  it  now  and  forever,  promising  further  not  only  to 
keep,  fultill  and  execute  firmly,  inviolately  and  irrevocably 
in  infinitum  this,  their  contract  and  what  might  be  done 
hereafter  on  the  authority  thei-cof,  but  also  to  deliver  the 
said  tract  of  land  and  keep  it  fi-ec  against  every  body,  from 
any  claim,  challenge  or  incumhrance  Mdiich  any  body  might 
intend  to  create;  as  well  as  to  have  this  sale  ami  convey- 
ance approved  ami  confii'med  by  Ihe  remaindei'  of  the  co- 
owners,  for  whom  they  are  trustees;  all  this  under  the  ob- 
ligations required  by  law,  in  good  faith,  without  evil 
iiitent  or  deceit.  In  testimony  whereof  this  has  been  con- 
firmed by  our  usual  signatni'e  and  our  seal  appended  thereto. 
Done  on  the  aforesaid  island  of  Manhattan,  at  Fort  Am- 
sterdam, the  8*1  of  June,  A"  1G31 1 

1  Tliis  p.Ttoiit  ;iii(l  one  for  hind  tin  tlio  siiutli  .side  (iftlio  bay.  Wore  issiiod  liy  Pctor 
Miniiit,  wliilo  Dirciitor  of  Now  Niitliciland,  and  is  the  only  doc.iniiont  found  in  Uolland 
by  Air.  r.rodlidad,  an  liaving  come  down  to  the  imisont,  tiiiio  from  tlio  West  Uidia  ('<ini- 
pany,  the  rest  liaving  been  sohl  as  waste  jiapov.  Sec  noto  of  U.  FiMnow,  N.  Y.  Col. 
Doc'ts,  Vol.  NIL,  p.  17,  and  N.  Y.  Col.  Docts,  Vol.  I.,  p.  \:\.    Kn. 


1004]  iPATfelsTT   TO   .TAMES,    DUKE   OV   YORK. 


Patent  from  King  Charles  II.  to  James,  Dule  of  Yo7'Jc, 
for  tract  of  land  in  New  England,  including  New 
Jersey. 

[From  an  cxoniplifipd  Copy,  niado  for  .Joliii  Feiiwick,   in  the  New  Jersey  Historical 
Society  Lil)rary.] 

C^avoUt.^i  ^  ^f  rcunrtusi  ^n  Jivatia  Anglie  Scotie  francie  & 
liihiiic  Rex  iidei  defensor  c^:c  Omibiis  ad  qnos  p'scntes 
littere'  perve'ii''iiit  sartni.  Iiispeximiis  Irrotulamen  qiiasdam 
I'ras  n'ras  paten'  sub  magno  Sigillo  n'ro  Anglie'  sigillat' 
geren'  dat'  a])nd  Westni'  duodecimo  die  Marcij  Anno  regni 
n'ri  sexto  decimo  p'charissimo  fratri  n'ro  Jacobo  Duci  Ebor' 
confect'  in  rotul  Cancellar  nre'  p'dre  irrotulat  at  ebm  de 
recordo  remanen  in  liec  vei"ba  Charles  the  second  by  the 
grace  of  Gode  tfec  To  all  to  whonie  these  p'sents  shall 
come  greeting  knowc  yee  that  wee  for  divers  good  causes 
&  considerat'ons  vs  therevnto  moveing  have  of  our  espe- 
c'all  grace  certaine  knowledge  &  meere  mot'on  given  tt 
granted  and  by  these  p'sents  for  vs,  our  heires  cV:  Succs- 
sors  doe  give  vfe  grant  vnto  our  dearest  Brother  James 
Duke  of  yorke  his  heires  &  Assignes  all  that  })art  of  the 
Mayne  land  of  New  England  begin'ing  at  a  certaine  ])lace 
called  or-knowne  by  the  name  of  St.  Croix  next  adioyning 
to  new  Scotland  in  America  and  from  thence  extending 
along  the  Sea  Coast  vnto  a  certaine  place  called  Pemaquie  or 
Pemaquid,  and  soe  vpp  the  River  thereof  to  the  furthest 
head  of  the  same  as  it  tendeth  Northwards  and  extending 
from  thence  to  the  River  of  Kinebeqine  and  soe  vpwards 
by  the  shortest  course  to  the  River  Cannada  Northwards 
And  alsoe  all  that  Island  or  Islands  comonly  called  by  the 
severall   name   or  names   of  Mattowacks  or  Long  Island 


1  The  copy  from  which  this  w.ia  taken  is  beantifiiUy  engrossed  on  parchinoni,  not 
only  having  an  engraved  portrait  oftlie  King,  encircled  by  the  lettc^r  V,  ot'liis  name, 
but  also  an  ornamental  engraved  border  surrounding  the  whole  document.  As  will 
be  observed,  it  is  entirely  devoid  of  pnnctuntion.    En. 


-4  NEW    .TKRSEY    COT.OXIAI,    DOri'MENTS.  [IM-i: 

scituate  Lying  &  Leing  towards  the  west  of  Cape  Codd  & 
the  Narrohigaiisetts  abutting  vpon  tlie  Maine  land  betweene 
the  two  Rivers  there  called  or  hi\owne  by  the  severall 
names  of  Concctecntte  cV:  hudsons  River  togeather  alsoe 
with  the  said  River  called  hudsiiiis  River  and  all  the  land 
from  the  West  side  of  Conectecntte  River  to  the  East  side 
of  Delaware  Ray  and  alsoe  all  those  seu^all  Islands  called 
or  knowne  by  the  names  of  Martin  AMnyards  &  Nantnkes 
otherwise  iS'antnket  togeather  with  all  the  lands  Islands 
Soyles  Rivers  harbours  Mynes  Mineralls,  (^uai-ries 
Woods  Marishes  Waters  lakes  tishings  hawking  hunt- 
ing S:  fowling  and  all  other  Royalties  ])rotitts  commodities 
A:  hereditaments  to  the  said  severall  Islands  lands  c'v:  ])'m- 
isses  belonging  &  apperteyning  with  their  and  every  of  their 
app'ten'nces  and  all  our  estate  right  title  Interest  benetit 
advantage  clayine  c^  demand  of  in  or  to  the  said  lands 
&  p'misses  or  any  parte  or  p'cell  thereof  and  the  revert'on 
&  revert'ns  remainder  A:  remainders  togeather  with  the 
yearly  ife  other  the  rents  I'even'ues  tfe  p'fitts  of  all  Sc 
singuler  the  said  p'misses  and  of  every  part  &  ])areell 
thereof  To  have  &  to  hold  all  tV  singuler  the  said  lands 
Islands  hereditaments  it  p'misses  with  their  S:  every  of 
their  ap])'ten''nces  hereby  given  c^c  granted  or  hereinbefore 
mentioned  to  bee  given  &  granted  vnto  our  said  dearest 
brother  James  Duke  of  yorke  liis  heires  iV:  assignes  for- 
ever To  the  onely  p'i)er  use  &  behoofe  of  the  said 
James  Duke  of  yorke  his  heii'es  <Sc  assignes  forever 
To  be  holden  of  vs  our  heires  ct  Successors  as  of  our 
Mannor  of  l^^ast  (irreenwich  in  our  (^)unty  of  Kent  in  five 
&  com'on  soecage  it  not  in  ('apite  or  by  Knights  service 
yeelding  iVr  rendring  and  the  said  James  Duke  of  yoi-ke 
doeth  for  himself  his  heires  it  assignes  covenant  it  ])i-om- 
ise  to  yeeld  it  i-eiidei-  vnto  vs  our  heires  it  Successors  of  it 
for  the  same  yearly  it  every  yeare  fortie  Reaver  Skinnes 
when  they  shall  be  demanded  or  within  ninety  dayes  after 
And  we  doe  further  of  our  esj)eciall  grace  certaine  knowledge 
it  meere  mot'oii  lor  us  oui-  hcii-es  it  Successors  give  it  gi'ant 


1664]        PATENT  TO  JAMES,  DUKE  OF  YORK.  6 

vnto  our  said  dearest  brother  James  Duke  of    yorke  his 
heires    Deputies    Agents    Comissioners    &    Assignes     by 
these  p'seuts  full  &  absolute  power  &  authority  to  correct 
punish  pardon  g-overne  &  rule  all  such  the  Subiects  of  vs 
our  heires  and  Successors  as  shall  from  time  to  time  adven- 
ture themselves  into  any  the  ]iarts  or  places    aforesaid  or 
that  shall  or  doe  at   an3'  time  hereafter  inhabit  within  the 
same  according   to  such  Lawes   Orders  Ordinances  direc- 
t'ons  &  instruments  as  by  our  said  dearest  Brother  or  his 
Assignes  shall  be  established  And  in  defect  thereof  in  cases 
of  necessity  according  to  the  good  descret'ons  of  his  depu- 
ties, Comissionei's  Officers  or  assignes  respectively  as  well 
in  all  causes  and  matters  Capitall  ik  Crirainall  as  civill, 
both  marine  &  others    Soe  alwaies   as  the  said    Statutes 
ordinances  &  proceedings  bee  not  contrary  to  but  as  neare 
as  conveniently  may  bee  agreeable  to  the  Lawes  Statutes  & 
governm't  of  this  our  Realme  of  England  Arid  saveing  & 
reserving  to  vs,  our  heires  &  Successors  the  receiving  hear- 
ing &  determining  of  the  Appeale  &  Appeales  of  all  or  any 
person  or  persons  of  in   or   belonging  to  the  Territories  or 
Islands  aforesaid   or  in  or  touching  anv  Judgem^  or  Sen- 
tence  to  "be  there  made  or  given      And  further  that  it  shall 
A:  may  be  lawfull  to  c^  for  our  said  dearest  brother,  his 
heires  &  assignes,  by  these  p'sents,  from  time  to  time,  to 
nominate  make    constitute   Ordeyne    &  confirme  by  such 
name,  or  names  Style  or  Styles  as  to  him  or  them  shall 
seeme  good  And  likewise  to  revoke  discharge  change  iSz 
alter  as  well  all  &  singular  Governors  Officers  &  Ministers 
w*^*^  hereafter  shal  be  by  him  or  them  thought  iitt  &  need- 
full    to   bee   made  or  vsed  within   the  aforesaid  2:)arts  & 
Islands     And  alsoe  to  make  ordeyne  &  establish  all  man- 
ner of  Orders  Lawes  direct'ons  Instruct'ons  formes  &  cer- 
emonies of  Governm*  &  Magistracy  fitt  &  necessary  for  & 
conc'ning  the  Governni*  of  the  Territories  &  Islands  afore- 
said Soe  alwaies  as  the  same  be  not  contrary  to  the  Lawes 
&  Statutes  of  this  our  Eealme  of  England   but  as  neare  as 
may  be  agreeable  therevnto  and  the  same  at  all  times  herq- 


6  NEW    JEKSEY    COLONIAL    DOCUMENTS.  [l''^^^ 

after  to  })utt  in  execnt'on  or  al)roo;ate  revoke  or  cliange 
nut  t>nly  within  the  |)V*incts  of  the  said  Tcri-itories  or  Is- 
LukIs  Ijut  alsoe  upon  the  Seas  in  goeing  c^  conieing  to  c'v:  fi'om 
tlie  same  as  he  or  they  in  their  good  descret'ons  shall  thinhe 
to  hce  fittest  for  the  good  of  the  Adventurers  tfe  Inhabitants 
there  And  wee  doe  further  of  our  especiall  gi-ace  cei-taino 
knowledge  &  meer  niot'on  grant  ordeine  cV:  declare  that 
such  Governors  Othcers  &  Ministers  as  from  time  to  time 
shall  be  authorized  &  appointed  in  manner  &  forme  afore- 
said shall  &  may  have  fall  power  &  authority  to  vse  &  ex- 
ercise Marshall  Lawe  in  cases  of  Kebellion  insurrec'on  & 
mutiny  in  as  large  &  ample  manner  as  our  Lieutenants  in 
our  Counties  within  our  llealme  of  England  have  or  ought 
to  have  by  force  of  their  com'ission  of  Lieuten'ncie  or  any 
Law  or  Statute  of  this  our  Realme  And  wee  doe  further 
by  these  ])\sents  for  us,  our  lieires  &  Successors,  grant  vnto 
our  said  dearest  l>rotlier  James  Duke  of  yorke  his  heires 
&  assignes  that  itt  shall  A:  may  be  lawful  to  c'e  for  the  said 
James  Duke  of  yorke  his  heires  &  assignes  in  his  or  their 
discret'ons  from  time  to  time  to  admitt  such  &  soe  many 
person  &  p'sons  to  ti'ade  c^:  tratRcjue  vnto  &  within  the  Ter- 
ritories &  Islands  aforesaid  and  into  every  or  any  part  & 
p'cell  thereof  And  to  have  possesse  &  enioy  any  Lands  or 
hereditam'^  in  the  parts  &  places  aforesaid  As  they  shall 
thiidce  titt  according  to  the  Lawes  Orders  Constitut'ons 
and  Ordinances  by  our  said  brother,  his  heires  deputies 
Com'issioners  &  assignes  from  time  to  time  to  bee  made 
and  established  by  vertue  of  &  according  to  the  true  intent 
&  meaneing  of  these  presents,  and  vnder  such  condit'ons 
reservat'ons  and  agreements  as  our  said  brother  his  heires 
or  assignes  shall  set  downe  order  direct  and  appoint  and 
not  otherwise  as  aforesaid.  And  wee  doe  further  of  our 
especiall  grace  cerlainc  knowledge  c^  nieere  niot'on  foi-  vs 
our  heires  and  Successors  give  and  grant  to*  our  said  deare 
Brother  his  heires  and  assignes  by  theis  presents  that  it 
shall  and  may  bee  lawfull  to  A:  for  him  them  or  any  of  them 
att  all   and  every  tynie  and  tynies  hereafter  out  of  any  our 


1G64]  PATENT    TO    JAMES,    DUKE    OF    YORK.  7 

Tiealtues  or  dominions  wliatsoevoi-  to  take  leade  carry  and 
ti-ansport  in  and  into  their  voyai^es  and  for  and  towards  tlie 
Plantac'n  our  said  Teri'itories  and  Islands,  all  sucli  and  soe 
many  of  our  lovino-  Subiects  or  any  otlier  straugers  being 
uo-t  prohibited  or  vndcr  restraint  that  will  becouie  our 
loving  Subiects  aud  live  vnder  our  allegiance  as  shall  wil- 
lingly accompany  them  in  the  said  voyages  togeather  M'ith 
all  such  Clothing  Implements  furniture  and  other  things 
vsually  transported  and  not  prohibited  as  shall  bee  necessary 
for  the  Inhabitants  of  the  said  Islands  &  territories  and 
for  their  vse  and  defence  thereof  and  mannageing  and 
carrying  on  the  Trade  with  the  People  there  and  in 
passing  and  returning  to  and  fro  yeelding  &  paying  to  vs 
our  heires  &  Successors  the  Customes  and  duties  therefore 
due  &  payable  according  to  the  Lawes  and  Customes  of 
this  our  Rcalnic  And  wee  doe  alsoe  for  vs  our  heires  & 
Successors,  graunt  to  our  said  dearest  Brother  James  Duke 
of  yorke  his  heires  and  assignes  and  to  all  and  everj^  such 
Governor  or  Governors  or  other  Officers  or  Ministers  as 
by  our  said  Brother  his  heires  or  Assignes  shall  be  appoint- 
ed to  have  Power  and  authority  of  Government  and  Com- 
'and  in  or  over  the  Inhabitants  of  the  said  Territories  or 
Islands  that  they  and  every  of  them  shall  and  lawfully  may 
from  tyme  to  tyme  and  at  all  times  hereafter  forever  for 
their  severall  defence  and  safety  encounter  expulse  repell 
and  resist  by  force  of  amies  as  w^ell  by  Sea  as  by  land  and 
all  wayes  and  nieanes  whatsoever  all  such  person  &  persons 
as  without  the  speciall  Licence  of  our  said  deare  Brother 
his  heires  or  assignes  shall  attem[)t  to  inhal)it  within  tlie 
severall  precincts  and  Limits  of  our  said  Territories  and 
Islands  And  alsoe  all  and  every  such  person  and  persons 
whatsoever  as  shall  enterprise  or  attempt  at  any  time  here- 
after the  destruct'on  invasion  detriment  or  annoyance  to  the 
l)arts  places  or  Islands  aforesaid  or  any  parte  thereof  And 
lastly  our  will  and  pleasure  is  and  wee  doe  hereby  declare 
&  grant  that  these  our  letters  patents  or  the  Inrollment 
thereof  shall  bee   good  and  elfectuall  in  tlie  lawe  to  all 


8  NEW    JERSEY    COLONIAL    DOCl'MENTS.  [16f)-i 

intents  &  purposes  whatsoever  Notwithstanding  the  not 
reciteing  or  ment'oning  of  the  p'liiisses  or  any  parte  tliere- 
of  or  the  meets  or  bounds  tliereof  or  of  any  former  or  other 
letters  j^atents  or  Grants  heretofore  made  or  granted  of  tlie 
p'misses  or  of  any  part  thereof  by  vs  or  of  any  of  our 
])r(>genitors  viito  any  other  person  or  persons  wliatsoever 
Bodies  politique  or  corporate  or  any  act  la  we  or  other 
restraint  incerteinty  or  imperfeet'on  whatsoever  to  the  con- 
trary in  any  wise  notwithstanding  Although  expresse 
ment'on  Arc  In  witness  <S:c  Witnesse  ourselfe  at  West- 
minster the  tM'elfth  day  of  March  in  the  sixteenth  yeare  of 
our  reigne  pip'm  llegem  Nos  antem  tenorem  L'rarum 
paten  p'decau  ad  requisito'em  Johannis  Fenwick  Armi- 
geri  duximus  exemplificaud  per  presentes  In  cujus  rei 
Testimoniu'm  has  L'ras  nr'as  lieri  fecimus  paten  Teste 
meip'o  apud  Westm'  quinto  decimo  die  Junij  Anno  regni 
nostri  vicesimo  septimo 

(  Lacon  W"  Glitch  )  •  r^  -,•,  i, 
T7,  ,  )  ,  f  in  Can  cellar.    K 

Lxammat.  per  nos -^,  et  >  v 

]      rp        1/  I  anghs 

(        illO.    hsTKOMB        )  ^^ 


Zeasefrom  Jaines,  Duke  of  York,  to  John,  Lord  Berkeley, 
and  Sir  George  Carteret,  for  Neio  Jersey. 

[From  Ongiual  in  Now  Jersey  Historical  Society  Library.) 

%\\\%  JlUkntUlt  made  the  Three  ifc  Twentith  day  of 
June  in  the  Sixteenth  yeare  of  the  Reigne  of  our  Sovereigne 
Lord  Charles  the  Second  by  the  Grace  of  God  of  England 
Scotland  ffrance  and  Ireland  King  Defender  of  the  Faith 
Arc  Anno  Dni  IGG-i  Betweene  his  Iloyale  highnesse  James 
Duke  of  Yorke  and  Albany  Earle  Vlster  Lord  high  Ad- 
mirale  of   England  and  Ireland   &c   Constable  of  Dover 


1.664]  LEASE    TO    BERKELEY    AND    CARTERET.  9 

Castle  Lord  Warden  of  the  Ciii(|ue  Ports  and  Governour  of 
Portsmouth  of  the  one  part  John  Lord  Berkeley  Baron  of 
Stratton  and  one  of  his  Ma'ties  most  hono^^'"  Privy  Connsell 
and  S''  Georoje  Carterett  of  Saltrnm  in  the  County  of  Deven 
Ken*  and  one  his  Ma"'^^  most  lion'''*'  Privy  Counsell  of  the 
other  part  WitWC.S'.SftU  that  the  said  James  Duke  of  Yorke 
for  and  in  considerat'on  of  the  summe  of  Tenn  Shillings  of 
Lawful!  money  of  England  to  him  in  hand  payd  before  the 
Sealing  and  Delivery  hereof  by  the  said  John  Lord  Berke- 
ley and  S""  George  Carterett  the  receipt  whereof  the  said 
James  Duke  of  Yorke  doth  hereby  acknowledge  and  there- 
of doth  acquitt  and  discharge  the  said  John  Lord  Berkeley 
and  S""  George  Carterett  for  ever  by  these  pre'tes.  ^atll 
bargained  and  sold  and  by  these  pre'tes  pre'tes  doth  bargain 
and  sell  unto  the  said  John  Lord  Berkeley  and  S""  George 
Carterett  ^U  that  Tract  of  Land  adjacent  to  New  England 
and  Lying  and  being  to  the  Westward  of  Long  Island  and 
Manhitas  Island  and  bounded  on  the  East  part  by  the  Maine 
Sea  and  part  by  Iludsons  River  and  hath  Ypon  the  AVest 
Delaware  Bay  or  Piver  extendeth  Southward  to  the  Maine 
Ocean  as  farre  as  Cape  May  at  the  mouth  of  Delaware  Bay 
or  River  of  Delaware  which  is  in  fourty  one  degrees  and 
fourty  minutes  of  Lattitude  and  Crossetli  over  thence  in  a 
Straight  Line  to  Iludsons  River  in  fourty  one  degrees  of 
Lattitude  which  said  Tract  of  Land  is  hereafter  to  be  called 
by  the  name  or  names  of  ]S^ew  Cesarea  or  New  Jersey  and 
also  all  Rivers -mines  mineralls  Woods  fishings  haM'king 
hunting  and  fowling  and  all  other  Royalties  proffitts  como- 
dities  and  hereditam'^*  whatsoever  to  the  said  Lands  and 
premisses  belonging  or  aperteyning  with  their  and  every 
of  their  apertenences  and  the  Revercon  and  Revercons 
Remainder  and  Remainders  thereof  ©0  Uavc  and  to  hold  the 
said  Tract  of  Land  &  premisses  with  their  and  every  of 
their  appurtenenses  vnto  the  said  John  Lord  Berkeley  & 
S''  George  Carterett  from  the  first  day  of  May  Last  past 
l)efore  the  date  hereof  vnto  the  full  end  and  Terrae  of  one 
whole  yeare  from   thence  next  ensueing  and  fully  to  be 


10  NEW    .JKRSKV    COLONIAL    DOCUMENTS.  [1664 

Con)[)leate&  eiulcd  Yeilding  and  paviiiij;"  tliereforc  vnto  the 
said  James  Duke  of  Yorke  his  lieires  uiid  assigues  the  rent 
of  a  pei)per  coriie  vpon  the  Feast  of  tiie  nativity  of  S*^  John 
Baptist  next  ensueing  the  date  hereof  (only  if  tlie  same 
shall  bee  Lawfully  demanded  In  Witnes  whereof  the  par- 
ties afoi'esaid  to  these  i)i"e'te  Indenture  have  enterehang- 
ahly  sett  their  hands  and  scales  the  day  and  yeare  first 
above  written. 

[on  the  Ijuck.] 

Sealed  &  deUvered  in  the 
presence  of  W"'  Coventrye 
Tho:  Ilavwood. 


Release  from  James,  Dahe  of  York,  to  John,  Lord  Berke- 
ley,  and  Sir  George  Carteret,  for  New  Jersey. 

[From  Original  in  New  Jersey  Uistorieal  Society  Library.] 

%\)S$  ^jnrtCtttUre  INfade  the  fibure  ct  Twentyeth  day  of 
June  in  tlu'  Sixteenth  yeare  of  Tlie  Ueigne  of  our  Sovereigne 
hord  Caiii.ts  the  Second  by  the  Grace  of  God  of  Englaiul 
Scotland  llVance  and  Ireland  King  Defender  of  the  ffaith 
c^c  Anno(]  Dni  1664  Hetweene  his  Koyall  Ilighnesse  James 
Duke  of  Yorke  and  Albany  Earle  of  Ylster  Lord  High 
Admirall  of  England  and  Ireland  Constable  of  Dover  Cas- 
tle Lord  "Warden  of  the  CiiKpie  Ports  and  Governoiir  of 
Portsmouth  of  the  one  part  John  Lord  Berkeley  Baron  of 
Stratton  and  one  of  his  Ma"''^  most  Ilorio''''^  Privy  Counsell 
and  S""  George  Carterett  of  Saltrum  in  the  Count}'  of 
Deven  Iv'nt  And  one  of  his  Ma'ties  most  bono''"'  Privy 
Counsel  of  the  other  j^artt  ^Vhcvca.$'  his  said  Ma"*'  King 
Charles   the  Second   by  his  Letters  Pattents  Ynder   the 


IGOJr]  kp:lease  to  bekkeley  and  carteket.  11 

great   Seale   of   England   bearing   Date  on  or  al)ont   the 
Twelfth  day  of  March  in  the  Sixteenth  yeare  of  his  said 
Ma*'*^*  Reigne  Did  for  the  Considerac'ons  therein  nienc'oned 
give  and  Graunt  vnto  his  said  Iloyall  Ilighnesse  James 
Duke  of  Yorke  his  heircs  and  assignes  ^U  that  part  of  the 
Maine  Land  of  New  England  beginning  at  a  (Jertaine  place 
called  or  known  by  the  name  of  S*  Croix  next  adjoyning 
to  New  Scotland  in  America  and  from  thence  extending, 
along  the  Sea  Cost  vnto  a  Certaine  place  called  Pemacpiide 
or  Pemaquid  and  soe  by  the  liiver  thereof  to  the  furthest 
head  of  the  same  as  it  Tendeth  Northward  and  extending 
from  thence  to  the  River  of  Kimboqui  and  soe  vpwards  by 
the    Shortest    Course   to  the  River  Cannada  Northwards 
And  alsoe  all  that  Island  or  Islands  com'only  Called  by  the 
Severall   name  or   names  of  Matowacks  or  Long  Island 
Scitnate  and  being  Towards  the  West  of  Cape  Codd  and 
the  Narrow  Higansetts  abutting   upon  the  Mayne  Land 
betweene  the  Two  Rivers  there  called  or  known  by  the 
severall  names  of  Conectocutte   and  Iludsons   River  To- 
gether also  with  the  said  River  Called  Iludsons  Rivei-  and 
all  the  Land  from  the  West  side  of  Conectocutte  River  to 
the  East  side  of  Delaware  Bay  and  also    Severall  other 
Islands  and  Lands  in  the  said  Letters  Pattents  nienc'oned 
Together   with    the    Rivers    Harbours    Mines    Mineralls 
Quarries  Woods  Marshes  waters  Lakes  ffishing  Hawking 
Hunting   and   ffowling   and    all    other    Royalties   prothts, 
Com'odities  and  Hereditaments  to  the  said  severall  Islands 
Lands  and  premisses  belonging  and  [appertaining]  ®o  \\\\vt 
and  to  hold  the  said  Lands  Island  hereditaments  &  premisses 
with  their  and  every  of  their  appnrten'nces  vnto  his  said 
Uoyall   [Highness  James]   Duke  of  Yorke  his  heires  and 
assiirnes  for  ever  To  be  holden  of  his  said  Ma"^  his  heires 
and  Successors  as  of  the  Mannor  of  East  Greenwich  in  the 
county  of  Kent  in  free  and  com'on  Soccage  Yeilding  and 
Rendring  vnto  his  said  Ma"*-'  his  heires  and  Successors  of 
and  for  the  same   yearely  and  every   yeare  fonrty  Reaver 
Skinnes  when  they  shall  l)ee  demanded  or  within  Ninety 


12  NKW    JERSt:y    colonial    DOCrMKNTS.  [1664 

Dayes  after  witli  divers  other  grauiits  clauses  provisoes  and 
agreements  in  the  said  Recited  Letters  Pattents  Coiiteyned 
as  by  the  said  Letters  Pattents  rehicon  being  therevnto 
luid  it  doth  and  may  more  ])hiiiily  and  at  Large  a])peare 
giOUf  tHi$  ^jnrtCUtUrC  IVitnC^SCtll  that  his  said  Koyall  Jligh- 
nesse  James  Duke  of  \  orke  for  and  in  Consideracon  of  a 
Comj)etent  Sum'e  of  Good  and  Lawful!  money  of  England  to 
his  said  Royal  Ilighncsse  James  Duke  of  Yorke  in  hand 
payd  by  the  said  John  Lord  Perkeley  and  S"'  George  Car- 
terett  before  the  Sealing  and  Delivery  of  these  pre'tes  the 
receij)t  whereof  the  said  James  Duke  of  Yorke  dothe  here- 
by acknowledge  and  thereof  doth  acqnitt  and  Discharge 
the  said  John  Lord  Berkeley  and  S'  George  Carterett  for 
ever  by  these  p'sents  Path  Graunted  Bargained  sold  released 
and  Continued  and  by  these  p'ntes  Doth  graunt  Bai'gaine 
Sell  release  and  Confirmo  vnto  the  said  John  Lord  Berke- 
ley and  S*"  George  Carterett  their  lieires  and  assignes  for 
ever  ^U  Tiuit  Tract  of  Land  adjacent  to  Xew  England  and 
lying  and  being  to  the  Westward  of  Long  Lsland  and  Man- 
hitas  Island  and  Bounded  on  the  East  part  by  the  maine 
Sea  and  part  by  Ilndsons  River  and  hath  upon  the  West 
Delaware  Bay  or  River  and  extendeth  Southward  to  the 
maine  Ocean  as  farre  as  Cape  May  at  the  mouth  of  Dela- 
ware Bay  and  to  the  Northward  as  farre  as  y®  "Northermost 
Branch  of  the  said  P)ay  or  River  of  Delaware  ^\'hich  is  in 
fonrtie  one  degrees  and  fourtie  Minutes  of  Lattitude  and 
Crosseth  over  thence  in  a  Straight  Line  to  Hudsons  River 
in  fourty  one  degrees  of  Lattitude  which  said  Tract  of 
Land  is  hereafter  to  be  called  by  the  name  or  names  of 
New  Cesarea  or  New  Jersey  and  also  all  Rivers  mines 
miueralls  woods  fishings  hawking  hunting  and  fowling  and 
all  other  Royalties  i)rothtts  (^»m'odities  and  hereditaments 
whatsoever  to  the  said  Lands  and  ju'emisses  belonging  or 
any  wise  a]ii)erteyiung  M'ith  their  and  eveiy  of  their  appur- 
ten'nces  in  as  full  and  ample  Maimer  as  the  same  is  graunt- 
ed  to  the  sayd  Duke  of  Yorke  by  tlie  before  recited  Letters 
Pattents  and  all  the  Estate  Right  Title  interest  benetitt  ad- 


I6f)4]  RELEASE   TO    BETJKET-EY    AKD    CARTERET.  13 

vantage  clayiiie  and  Demand  of  the  said  James  Duke  of 
Yorke  in  or  to  tlie  said  ....  and  premisses  or  any 
part  or  parcell  thereof  and  the  Revere' on  and  Revere'ons 
Remainder  and  Remainders  thereof  All  which  said  Tract 
of  Land  and  premisses  were  by  Indenture  bearing  [date  the] 
day  before  the  date  hereof  bargained  and  sold  by  the  said 
James  Duke  of  Yorke  vnto  the  said  John  Lord  Berkeley 
and  S''  George  C^arterett  for  the  Terme  of  one  whole  yeare 
To  com'ence  from  the  first  day  of  May  Last  past  before  the 
date  thereof  vnder  the  Rent  of  a  pepper  Corne  payable  as 
therein  is  menconed  as  by  the  said  Deed  more  plaiidy  may 
api^eare  By  fiorce  and  [virtue]  of  which  said  Indenture  of 
Bargaine  and  Sale  and  of  the  Statute  for  Transferring  of 
Yses  into  possession  the  said  John  Lord  Berkeley  and  S"" 
George  Carterett  are  in  actual!  possession  of  the  [said] 
Tract  of  Land  and  premisses  and  enabled  to  take  a  graunt 
and  Release  thereof  (the  said  Lease  being  made  to  that  end 
and  purpose  5v0  have  \\m\  to  hohl  all  and  Singular  the  sayd 
Tract  of  land  and  premisi^es  with  their  and  every  of  their 
app'ten'nces  a-nd  every  part  and  parcell  thereof  vnto  the 
said  John  Lord  Berkeley  and  S'"  George  Carterett  their 
heires  and  assignes  [for]  ever  to  the  only  Yse  and  behoofe 
of  the  said  John  Lord  Berkeley  and  S""  George  Carterett 
their  heires  and  assignes  for  ever  '^ciltUnj^  and  Rendring 
therefore  vnto  the  said  James  Duke  of  Yorke  his  heires 
and  assignes  for  the  sayd  Tract  of  Land  and  premisses  yeare- 
ly  and  every  yeare  the  su'nie  of  Twentie  Nobles  of  Lawfull 
money  of  England  if  the  same  shall  be  lawfully  denumded 
at  or  in  the  Inner  Temple  Hall  London  at  the  feast  of 
S'  Michaell  the  Arehangell  yearely  ^ud  i\\t  ^l\U\  John  Lord 
Berkeley  and  the  said  S''  George  Carterett  for  themselves 
[and]  their  Heires  Coven'nte  and  graunt  to  and  with  the 
said  James  Duke  of  Yurke  his  heires  by  these  pr'tes  that 
they  the  said  John  Lord  Berkeley  and  S'"  George  Cai-terctt 
their  heires  and  assignes  shall  and  will  well  and  truly  pa}' 
or  Cause  to  be  payd  unto  the  said  James  Duke  of  Yorke 
his    heii-es  and  assio-ues   th(!   said    vearelv  rent  of  Twenty 


14         NEW  JERSEY  COLONIAL  DOCUMENTS.        |  1004 

Nobles  at  such  time  and  place  and  in  snoli  manner  and 
forme  as  l)cfore  in  these  presents  is  expressed  and  declared 
3lu  '^Vitnri5'  whereof  the  ])arties  aforesaid  to  these  present 
Iii(U'ntui-es  have  Intcrehaiigahle  sett  their  hands  and  scales 
the  day  and  years  iirst  above  |  wi-itteii  j 

[l\[ay  it]  ])lease  your  Hoyall  James 

[Highness]  This  Containes  jonr 
I  riiij^hnesses]  o;rant  of  New 
[(Vsarea  or|  New  Jersey  vnto 
[Lords  Berkeley  and  Cai'teret] 


(On  the  back.l 

Si^-ned  Sealed  ct  Delivered  in  the 
})resence  of  W"  (/oventry(! 
Tho-  Ileywootl 


Application  for  ElbuthethUnvn   Grant. 

fFioiii  Giants  and  (Concessions,  ]).  Cfi8.] 

To  the  liii^'lit  Honourable  Colonel  Richard  Nicolls  Esq  ; 
Goveriuu-  of  Neio  York,  &c.  The  humble  Petition  of  us 
subscribed,  Shcweth. 

That  several  of  us  your  Petitioners,  being  intended 
formerly  to  have  purchased  and  settled  a  Plantation  upon 
the  River  called  after  Cull  ^  River,  before  your  arrival  into 
these  Parts,  our  Intentions  notwithstanding  our  making  some 
way  with  the  Indians,  and  charges  and  expences,  abont  the 
Premises,  was  obstructed  by  the  then  ruling  Dutch,  and 
some  of  us  by  reason  of  not  having  any  Accommodations 
here  were  put  upon  thoughts  of  removing  into  some  other 

1  Subsequently  known  as  "  Arthur  Cull  Sound."    The  term  used  in  the  document 
is  a  corruiition.niMl(nil)t<<lly  ol'  Achtcr  Kol,  hy  wliich  the  land  west  of  the  "Kill  van 

Kiill  •'  was  at  Iirst  (l<'si;j;nnte(l.     Kn. 


1664]  ELIZABETnTOWN   GRANT.  15 

of  his  Majesty  Dominions,  but  now  upon  this  yonr  happy 
arrival  and  the  Decease  of  tlie  Dutch  Interest  we  wouhl 
gladly  proceed  in  the  Design  aforesaid  ;  In  order  where- 
unto  we  make  bold  with  all  Humility  to  Petition  to  your 
Plonour,  that  you  would  grant  us  Liberty  to  i)urthase  and 
settle  a  parcel  of  Land  to  improve  our  Labour  upon  in  tlio 
lliver  before  mentioned,  and  some  of  us  l)eing  destitute  of 
Habitations  where  we  are,  we  crave  your  AnsAver  with  as 
much  Expedition  as  may  be  ;  we  humbly  take  our  Leaves 
at  present  and  subscribe  your  Honours  to  Command. 

From  Jamaica,  commoidy  so  called  September  2^,  166-t 

John  Bailies  [Bailey] 
Daniel  Denton 
Thomas  Benedyck 
Nathaniel  Denton 
John  Foster 
Li'KE  Watson 

Upon  perusal  of  tliis  Petition  I  do  consent  unto  the  Pro- 
posals, and  shall  give  the  undertakers  all  due  Encourage- 
ment in  so  good  a  Work,  given  under  \\\y  Hand  in  Fort 
James,  this  30"'  of  Septcmher,  166-1 

Richard  Nichols     [Nicolls] 

A  true  Copy  extracted  out  of  Elisabeth-Town  Book, 
of  Record,  N''  A,  folio  11,  this  21th  of  July,  17<>S 

per  Samuel  AViiitehead  Town  (.'lerk 


Indian  Deed  for  EUsahethtown  Grant. 

[From  (irnnts  and  ('onroasions,  p.  tlOQ.J 

Tnis  Indenture  made  the  28"'  Day  of  October  in  the  Six- 
teenth Year  of  the  Reitrn  of  our  Sovereiirn  Lord  Charles 


16  NEW    .TKRRET    COT.OKTAL    DOCI'MENTS.  [1^>C4 

tlie  Second,  by  the  Grace  of  God  of  England,  Scotland, 
France  and  Ireland,  Kinir,  Defender  of   the   Faith  &c. 
between    Mattano  Manamowaone,   and    Coioescomen,   of 
Staten- Island,  of  the  one  Part,  and  John  Baily,  Daniel 
l)e7iton,  and   Luhe    Watson  of  Jamaica,  in  Long-Island 
Hnsbaiuhnen,   on  tlie  otlier  Part.     Witnesseth,   tliat  the 
said  Mattano,  Manamowaone,  and  Coioescomen,  liath  clearly 
barij^ained  and  sold  nnto  the  said  John  Baily,  Baiiicl  Den- 
ton, and  laJce    Watson,  their  Associates,  their  Heirs  and 
Execntors,  one  Parcel  of  Land  Bonnded  on  the  South  by  a 
E.iver  commonly  called  the  liaritons  River,   and   on  the 
East  by  the  River  which  Parts  Staten-Island  and  the  Main, 
and  to  run  Northward  up  after  Cull-Bay,  till  we  come  at 
the  tii'st  Rive'r  which  sets  Westwards  up  after  Cull-Baj', 
aforesaid,   and  to  run  West  into  the   Country  twice  the 
Length  as  it  is  broad  from  the  Xorth  to  the  South  of  the 
aforemention'd  Bounds  ;  together  with  the  Lands,  Meadows, 
Woods,  Waters,  Fields,  Fences,  Fishings,  Fowlings,  with 
all  and  singular  the  Appurtenances  with  all  gains  profits 
and  Advantages  arising  upon  the  said  Lands,  and  all  other 
the  Premises  and  Appurtenances  to  the  said  John  Bally, 
Daniel  Denton,  and  Lul-e  Watson,  with  their  Associates, 
M-ith  their  and  every  of  their  Heirs,  Executors,  Adminis- 
trators or  Assigns,  for  ever,  To  have  and  to  jiolo  the 
said  Lands  with  the  Appurtenances  to  the  said  John  Baily, 
Daniel  Denton,  and  LuJce  Watson,  with  their  Associates, 
their   Executors,    or    Assigns.     And    the    said    Mattano, 
Manamoioaone,  covenant,  promise,  grant  and.  agree  to  and 
with  the  said  John  Baily,  Daniel  Denton,  and  Luke  Wat- 
son, and  their  Associates,  their  Heirs  and  Executors,  to 
keep  them  safe  in  the  Enjoyments  of  the  said  Lands,  from 
all  expulsion  and  incumbrances  whatsoever,  may  arise  of 
the  said  Land,  by  any  Pei-son  or  Persons  by  reason  of  any 
Title  had  or  growing  befoi'o  the  Date  of  these  Presents  : 
For  which   bargain  and  sale,  covenants,  grants  and  agi'ee- 
ments  in  the  behalf  of  tlio  said  Mattano,  Manamowaone, 
and  Cowescoincn,  to  be  performed  ol)served  and  done  the 


166-1-]  ELIZABETHTUWN    GRANT.  "  17 

aforesaid  Parties  are  at  their  entry  upon  the  said  Land,  to 
]m_v  to  the  said  Mattano^  Manaiaowaone.,  and  Cowescomen^ 
Twenty  Fatlioni  of  Trading  CUoth,  two  jnade  Coats,  two 
(iruns,  two  Kettles,  Ten  l]arrs  of  Lead,  Twenty  ITand- 
fuls  of  PoM'der.  And  further  the  said  John  Bally ^  Daniel 
Denton^  and  Luke  ^YaUon^  do  covenant,  ])roniise  grant, 
and  agree  to  and  Avith  the  said  Mattano  Manamowaone^ 
and  Coivescomen  the  aforesaid  Indians,  four  llun(h'ed 
Fathom  of  white  Wampum  after  a  Years  Expiration  from 
the  Day  of  the  said  John  Baily^  Daniel  Denton,  and 
Luke  Watso)is  entry  upon  the  said  Lands.  In  Witness 
whereof  we  liave  hereunto  put  our  ILinds  and  Seals  the 
Day  and  Year  aforesaid 

The  Mark  of  Mattano  .-..^-^^-.^^-.^-..y^^ 
The  Mark  of  Seuakhekos     J\f 
The  Mark  of  Warinanco  ..^^^-vx^-^^-v.. 

SignVl,  Seal'd  and  delivered  in  the  Presence  of  us 

CUAKLES    IIORSLEY 

The  mark  of  Randle  IIowett 
R 


Confiniiat'wn  of  the  Purchase  of  the  Elizahethtown  Tract 
from  the  Indians. 

[From  "Grants  and  Concessions,"  p.  671.1 

Governor  Xicolls'  grant  for  land  in  New^  Jersey  '■* 

TO  all  to   wdiom  tliese  Presents  shall  come,  I  Richard 
NicoUs,   Esq:  Governor   under  his   Royal  .ITiglmess   the 

1  Although  giinied  by  three  Indians,  only  one  of  the  names  corresponds  with  those 
given  as  those  of  the  grantors  in  the  body  of  the  deed,  and  he,  Mattano,  had  already, 
in  1651.  parted  with  his  intere.st  in  the  lands  to  Augustine  Herman.  See  "Ea-t  Je.sey 
Under  the  Propiietary  Governments,"  lid  Edit.,  p. "21.     Ed. 

2  This  grant  occasioned  for  many  years  great  disorder  in  the  province.  Having 
been  given  by  Governor  Nicolls,  after  the  Duke  of  York  had  granted  Kew  Jersey  to 
Lords  Berkeley  and  Carteret,  the  rights  of  Baker  and  his  associates  were  contested  by 
those  claiming  through  them,  and  the  litigation  that  ensued  was  not  ended  when  the 
war  of  the  Revolution  commenced,  and  put  an  end  to  all  such  controversies.  The 
• '  Elizahethtown  Bill  in  Chancery,"  printed  in  1747,  and  the  '  Answer  '  thereto,  printed 
in  1759,  throw  all  needfid  light  on  the  subject.    Ed. 


18     '  NEW  .i?:rsey  coloxial  documents.  [1604 

Diike   of   York,   of   all   liis  Territories   in   America  send 
greeting, 

Whereas  there  is  a  parcel  of  Land  -within  my  Govern- 
ment Avhicli  hath  heen  purchased  of  Mattano,  Manamo- 
waone  and  Coweseomon,  of  Staten  Island,  by  John  Baily, 
Daniel  Denton,  and  Luke  Watson,  of  Jamaica,  in  Long- 
Inland^  for  a  consideration  expressed  in  a  certain  Deed  of 
indenture,  bearing  date  the  Twenty  eighth  day  of  Octoher 
last,  wherein  the  said  Parcel  of  Land  Avas  made  over  unto 
the  said  John  Baily,  Daniel  Denton  and  Luke  Watson, 
and  their  Associates,  their  and  every  of  their  Heirs,  Execu- 
tors, Administrators  or  Assigns,  for  ever,  as  in  the  said 
Deed,  relation  being  tliereunto  had,  more  fully  and  at  large 
doth  and  may  ap})ear :  Now  to  the  End  the  said  J.ands 
may  the  sooner  be  planted,  inhabitted  and  manunnl,  I  have 
thought  lit  to  give,  confirm  and  grant,  and  by  these  Presents 
do  give,  confirm  and  grant  unto  Captain  John  Baker,  of 
Ne%(i  York,  John  Ogden,  of  North-Hampton,  John  Baily, 
and  Luke  Watson,  of  Jamaica  on  Long-Lsland,  and  their 
Associates,  their  Heirs,  Execntors,  Administrators  and 
Assigns,  the  said  Parcel  of  Land  Bounded  on  the  South, 
by  a  lliver  commonly  called  the  Pariton  River,  on  the  East 
by  the  Sea  which  Parts  Staten-Island  and  the  Main,  to  run 
Northward  up  after  Cull-Bay,  till  you  come  to  the  first 
Kiver  M-hich  sets  Westwards  out  of  the  said  Bay,  and  to 
run  West  into  the  Country  twice  the  length  of  the  Breadth 
thei'eof  f rom  the  North  to  the  South  of  the  aforementioned 
Bounds,  together  witli  all  the  Lands,  Meadows,  Pastures, 
Woods,  AVaters,  Fields,  I'ences,  Eishings,  Eowlings,  with 
all  and  singular  the  Aii])urtenances,  with  all  (lains.  Profits, 
and  Advantages,  arising  or  that  shall  arise  upon  the  said 
Lands  and  Premises.  To  have  and  to  hold  the  said 
J^ands  and  A})purtenances  to  the  said  C^apt.  Jidin  Baker, 
John  Ogden,  John  Baily,  and  jAike  Watson,  and  their 
Associates,  their  Heirs,  Executors,  Administrators  and 
Assigns  for  ever,  rendering  and  paying  Yearly  unto  his 


1664]  ELIZABETHTOWN    GRANT.  19 

Royal  Highness  the  Dnke  of  York,  or  his  Assigns,  a  cer- 
tain Rent  according  to  the  Customary  rate  of  the  Country 
for  new  Phxntations,  and  doing  and  performing  snch  Acts 
and  Tilings  as  shall  he  appointed  by  his  said  Royal  High- 
ness, or  his  Deputy.  And  the  said  Capt.  John  Bal'er, 
John  Ogden,  John  Bally,  and  LuJte  Watson,  and  their 
Associates,  their  Heirs,  Executors,  Administrators  and 
Assigns,  are  to  take  Care  and  Charge  of  the  said  Lands  and 
Premisses,  that  Peo})le  be  carried  there  with  all  convenient 
speed,  for  the  settling  of  Plantations  thereon,  and  that  none 
have  Liberty  so  to  do,  without  the  Consent  and  Aj)proba- 
tion  of  the  said  Capt.  John  Baker,  John  Ogden,  John 
Baily  and  Lule  Watson,  and  their  Associates  except  they 
shall  neglect- tlieir  Planting  thereof,  according  to  the  true 
intent  and  meaning  of  these  Presents.  And  I  do  likewise 
promise  and  grant  that  the  Persons  so  Inhabitting  and 
Planting  the  Lands  and  Premisses  aforesaid,  shall  have 
equal  Freedom,  Immunities  and  Privileges  with  any  of  his 
Majesty's  Subjects  in  any  of  his  Colonies  of  America.  And 
the  said  Capt.  John  Baler,  John  Ogden,  John  Baily,  and 
Luke  Watson,  and  their  Associates  have  liberty  to  Pur- 
chase of  the  Natives  (or  others,  who  have  the  Propriety 
thereof)  as  far  as  Snake  Hill  to  the  End  and  Purposes 
aforesaid.  Ix  "Witness  whereof  I  have  hereunto  set  my 
Hand  and  Seal  this  lirst  Day  of  December,  in  the  Sixteenth 
Year  of  the  Reign  of  our  Sovereign  Lord  Charles  Second, 
by  the  Grace  of  God  King  of  England,  Scotland,  France, 
and  Ireland,  Defender  of  the  Faith  &c.  At  Fort  Ja)nes 
in  Nevj  York,  at  the  Island  of  Manhatans  [A  certificate 
follows  from  Governor  Robert  Hunter,  of  IN^ew  York,  under 
the  seal  of  that  Province,  of  the  correctness  of  the  copy, 
dated  4th  November,  1715.] 


20  NEW    .TEKSEY    COLONTAI,    DCKTMENTS,  [1665 


Coinmission    of   Ph'dij)    Carteret^    as    Govenwr   of  Nev) 

Jersey. 

I  From  CortifuMl  Coiiy  amou;;  Wliitflieiul  MSS.  | 

.lolni  Lord  Berkoly  Baron  of  Strattoii  and  Sir  (Toorge 
Carteret  Knight  and  Baronet  Vice  C'hand)erlain  of  his 
Majesty's  Household,  the  true  and  al)solnte  Loi-ds  Prop)"ie- 
tors  of  all  the  Province  of  New-C.esarea  or  New-Jersey.  To 
our  trusty  and  well  beloved  Philii)  Carteret  send  Greeting. 

We  do  herehy  constitute  and  appoint  you  (during  our 
Will  and  Pleasure)  Governor  of  all  that  Tract  of  Land 
adjacent  to  New  England  and  lying  and  being  to  the  AV^est- 
ward  of  ]^ong-Island  and  Manhitans  IsUmd,  and  bounded 
by  the  East,  part  by  the  main  8ea  and  part  by  Hudson's 
Kiver,  and  having  upon  the  West  Delaware  Bay  and  to 
the  Northward  as  far  as  the  Northerniost  Branch  oi  the 
said  Bay  or  River  of  Delaware,  which  is  in  fforty  one  and 
forty  degrees  of  Latitude,  crossing  over  thence  in  a  Strait 
Line  to  JIudsons  Piver  in  Iforty  one  degrees  of  Latitude, 
now  coinuK ndy  called  l)y  the  Names  of  New-Cj'esarea  or 
New-Jersey,  and  of  all  the  Islands  Inlets  Pivers  and  Seas 
within  tile  said  Bounds  of  our  said  Province,  with  Power 
to  nominate  and  take  unto  you  twelve  able  Men  at  most, 
and  Six  at  least,  to  l)e  of  your  Council  and  Assistance,  or 
any  even  Nund)er  between  Six  and  twelve,  uidess  we  have 
before  mack;  choice  of,  or  shall  choose  all  or  any  of  them. 
And  we  do  further  constitute  and  aj^point  you  to  l)e  our 
Governor  (during  our  Will  and  Pleasure)  of  all  the 
Pi-ovincc  and  Tract  of  Land  aforesaid,  and  of  all  our 
Forces  raised  and  to  be  raised  within  our  said  Province  and 
Tract  of  Land  foi-  the  Security  of  the  same,  and  to  the  Parts 

1  I'liilip  Caitciet  was  a  distant  ielati\o  ul'  Sir  Geori^e.  For  a  uoticc  of  him  see 
"EastJei-sty  I'lulc  r  tlic  Proprietary  Govoniments,"'  'ZA  Edit.,  pp.  100-113.    Ed. 


GOVERNOR   CARTERET  S    I>rSTRUCTIONS.  21 

adjacent  over  wliicli,  you  are  to  place  and  Coniiuissioiiate 
Officers,  and  to  cause  them  to  be  duly  Exercised  in  Anns, 
and  to  do  all  and  every  other  thinfii;  and  things  M'hich  unto 
the  Share  and  Office  of  Governor  doth  belong  or  luith 
accustomed  to  belong,  as  fully  and  freely  as  any  (iovei-nor 
hath  ever  had;  connnanding  all  Inferior  Officers  and 
Soldiers  of  our  said  Armies  you  to  obey  as  their  Govci'uoi- 
according  to  this  our  Commission  and  the  Powers  hereby 
given  unto  vou,  and  according  to  the  Laws  and  Discipline 
of  War.  And  you  yourself  also  are  to  observe  and  follow 
such  Orders  and  Directions  as  from  Time  to  Time  you  shall 
receive  from  us,  and  in  all  things  to  govern  yourself  as  to 
your  Duty  and  Place  doth  appertain.  Given  under  our 
Great  Seal  of  our  said  Province  ;  the  tenth  day  of  I^'ebruary, 
one  Thousand  Six  hundred  and  Sixty  four.^ 

ExM  J.  P'-. 


Instructions   to   Governor    Carteret  from   the   Lords   Pro- 
prietors. 

[From  '■  Giants  and  Coucossious,''  p.  28.] 

JouN  Lord  Berkley,  Baron  of  Stratton^  and  Sir  George 
Cartkret,  Knight  and  Baronet^  Vice  Chaniherlain  <f  his 
Majestifs  Household^  the  true  and,  absolute  Lords  Pro- 
prietors o/lSTew  Ca?sarea  or  New  Jersey. 

To  Our  Trusty  and  well  beloved  Phillp  Caktekkt, 
Esq  :  Governor  of  all  that  Tract  of  Land  adjacent  to  New- 
Krujland^  and  lying  and  being  to  the  Westward  of  Lmuj- 
Island  and  Maiihitans  Island  and  bounded  on  the  jVIain 
Sea,  and  Part  by  Hudson  s  River,  and  having  uj>on  the 
We'st  .Delaware  Bay  or  River,  and  extending  Southward 

1   1664-5.     Ed. 


22  NEW    .TKHSKY    COLONtAL    DOCUMKNTS.  [1G65 

to  the  ]\rain  Ocean  as  far  as  Cape-May^  at  tlie  Mouth 
of  Delaioare  Bay  ;  and  to  the  XfM-thuard  as  far  as 
the  Nortliei'inost  liraiich  of  the  said  .P)ay  or  River  of 
Delcnoari'  ^vhi('ll  is  in  Foi'ty  one  Deg'rees  and  Forty  Min- 
utes of  Lattitnde  ;  and  erosseth  over  tlienee  in  a  strait 
Line  to  JJudsoh's  River  in  Foi'ty  one  Degrees  of  l^attitude, 
now  cominoniy  known  l)y  tlie  Name  or  Names  of  JVew- 
C't'-sai'ea  or  N ei€-JerHeij  :  and  of  all  the  Tshuids,  Inlets, 
Rivers  and  Seas,  within  the  said  Honnds  of  oni-  said 
Province,  and  to  oni-  Ti'nsty  and  well  hcloNcd  ("onncellors 
and  Assistants  to  oui-  said  Governor,  Gkeetixg. 

Be  it  known  to  all  Men  that  We  the  said  Lords  Puo- 
PRiETORs  of  the  said  Tract  of  Land  or  Province  aforesaid, 
for  divers  good  causes  and  considerations,  hut  more  espe- 
cially out  of  the  Trust  and  Contidence  we  reposed  in  you 
our  said  Governor  and  (\mnsellers,  for  the  faithful  Manage- 
ment of  the  Powers  and  Authorities  hy  us  to  you  given,  to 
the  best  avail  and  iniprovemoiit  of  our  Literest  and  Do- 
minion of  the  said  Pi-ovince  and  Tract  of  Land,  and  for  the 
best  avail  aiul  iinin'o\enient  of  the  Tntei'est,  Lil)erty,  Prop- 
erty ami  Defence  of  all  such  as  shall  Plant  and  Inhabit 
there,  have  given,  granted  and  by  these  Pi'csents  do  gi\e 
and  grant  (dui'ing  our  Will  and  Pleasni-e)  unto  our  Gover- 
nor, by  and  with  advice  and  consent  of  our  said  (Vtuncil, 
or  any  three  oi-  nn»re  of  the  Six,  or  four  or  nioi'e  of  a  gi'eater 
nnmlx'i',  full  and  absolute  [*ower  and  Authority  for  us,  and 
in  our  Nanu's.  to  let,  sell,  convey  and  assui'e  such  Land  in 
our  said  I*ro\ince,  to  such  Pei'son  and  Persons,  and  for 
such  Estate  and  Fstates,  and  with  such  Provisions,  Condi- 
ti<»ns  and  l>iinitations  as  we  by  our  Concessions  and  Agree- 
ment, under  our  Hand  and  Seal  beai-ing  Date  with  these 
Pi-esents,  to  and  with  the  Adventurers  are  o])liged  to  grant, 
and  as  you  shall  be  directed  l)y  such  olhcr  Instructions  and 
Rules  as  fi'om  Tinu'  |  to  Time]  you  shall  receive  from  us, 
and  not  otherwise  ;  herel)y  ratifying  and  confirming  what- 
soevei'  you  shall  lawfully  do  pursuant  to  oni"  said  Conces- 
sions, and  to  such    Instructions,  Rules  and  Dii'ections  as 


1065]  GOVERNOR   C'ARTERKt'^^    INSTRUCTIONS.  2-1 

aforesaid  ;  and  also  to  make,  do,  perform  and  execute  all 
and  every  Act  and  Acts,  Thing  and  Things,  Powers  and 
Authorities  whatsoever,  which  we  ourselves,  may,  can, 
ouo'ht  or  could  do  in,  fur,  i-elatino'  or  concernino;  the 
Crovernment  both  Civil  and  Military  of  the  said  Province 
and  Tract  of  Land,  l)y  Virtue  of  the  Letters  Patents  of  his 
Most  Excellent  Majesty  Cuarles  the  Second^  by  the  Grace 
of  (xod  Kino  of  England,  Scotland^  France  and  Ireland^ 
bearing  Date  at  Westminster  ^  last  past,  made  of  the 
Premises  amongst  other  things,  to  his  lloyal  Highness 
James  Duke  of  York,  and  his  Heirs,  and  since  by  Liden- 
ture  dated  the  Twenty  fourth  day  of  June  last  past,  for  the 
Considerations  therein  mentioned,  by  his  said  Royal  High- 
ness, Granted  unto  us,  our  Heirs  and  Assigns,  to  be  exer- 
cised ;  nevertheless  according  to  such  Instructions,  and 
with  such  Limitations,  Restrictions,  Conditions  and  Provi- 
sions, as  in  these  Presents  are  hereafter  contain'd ;  hereby 
ratifying,  allowing  and  confirming  all  and  every  such  Act 
and  Acts,  Thing  and  Things,  which  our  said  Governor  and 
Councellors  in  our  J^ames  shall  do  in  the  Premises,  pursu- 
ant to  the  Auth(»rity  hereby  committed  :  Provided,  and  it 
is  hereby  declared,  that  this  present  Deed,  or  any  thing 
tlierein  contained,  doth  not  extend,  or  shall  be  deem'd  or 
taken  to  extend,  to  give  up  to  our  said  Governor  or  Coun- 
cellors, or  either  or  any  of  them,  any  Power  or  Authority 
to  make  any  manner  of  Grant,  Conveyance  or  Demise,  or 
other  like  Disposition  of  any  Lands  lying  within,  or  being 
part  of  the  said  Province,  but  according  to  our  said  Con- 
cessions and  Instructions ;  reserving  for  every  Acre,  Eng- 
lish Measure,  which  by  Virtue  of  this  Authority,  you  shall 
Grant  to  anv  Person  or  Persons,  One  Half-penny  lawful 
Money  of  England,  Yearly  Rent;  to  be  paid  to  us  our 
Heirs  and  Assigns  for  ever,  on  every  Five  and  Twentieth 
Day  of  March  according  to  the  English  Account:  the  tirst 
Payment   thereof  to   begin    on  the   Twenty  Jifth  day  of 

1  Date  omitted  in  the  printed  copy.     Ed. 


94  NKW    .IEK^;K\    ('oI.OMAT,    liOfrMKXTS.  [16f)5 

March  wliicli  sliall  be  in  tlic  Year  of  our  Lord,  according 
to  the  English  Acconnt,  One  tlionsand  Six  Hundred  and 
Seventy.  PieovioED  also,  tliat  no  Laws  nor  Order  made 
or  to  be  made  by  Yirtne  of  tin's  onr  Autluirity,  shall  be  in 
Force  as  a  Law  foi'  anv  longer  Time  than  one  Year  and  a 
half;  Avithin  one  Year  of  which  Time,  they  shall  be  trans- 
mitted and  presented  to  ns  for  onr  Assent,  which  being 
given,  they  shall  be  in  contimial  Force  till  expired  by  their 
oAvn  Limitation,  or  by  Act  Repealed,  to  be  confirm VI  as 
atbi'esaid.  Provided  also.  That  all  the  executive  Part  of 
all  the  said  Powers  hereby  made  and  given,  shall  be  made 
and  exercised  by  our  said  (iovcrnoi',  to  and  with  the  advice 
of  the  Major  Part  of  onr  Council,  or  the  Major  Part  of 
them  I'esidcnt  in  our  said  i'l'ovince,  ^Vc.  and  as  in  their 
Discretions  to  them  shall  seem  most  fit  to  serve  and  su])ply 
our  said  Province,  of  such  PeVson  respectively  during  their 
absence  frnui  our  said  I'rovince  and  Tract  of  Land  afore- 
said ;  giving  and  granting  unto  him  or  them  so  chosen, 
during  the  absence  of  our  said  Governor  and  Councellors, 
as  full,  large  and  ample  powers,  as  by  these  Presents  to  our 
said  (Tovernor  and  Councellors  we  liave  given  ;  any  Thing 
in  these  Presents  in  any  ways  notwithstanding.  And  also 
in  case  of  Death  or  removal  of  any  Member  of  our  said 
( 'ouncil,  fVom  Time  to  Time,  to  note,  nominate  and  aj^point 
tit  and  able  Persons  in  their  stead  or  place  respectively: 
Avhich  Person  so  uoininated  and  chosen  sliall  exercise  all 
Powers  to  tlu!  said  Offices  respectively  belonging,  till  our 
i*leasui-e  be  signified  to  the  (Vtntrai-y.  And  lastly,  if  our 
(4ovei-nor  atid  Councellors  shall  hap]»en  to  find  any  Natives 
in  our  said  rro\ince  and  Tract  of  Land  aforesaid,  that  then 
yo,u  treat  them  with  all  Humanity  and  Kiiulness,  aiwl  not 
in  any  Avise  grei\e  or  oppicss  them,  but  endeavour  by  a 
( 'hristian  cai-riage  to  manilest  Piety,  .1  ustice  and  Charity, 
and  in  your  Conversation  with  them,  the  Manifestation 
where(»fwill  prove  benelicial  to  the  J-'lanters,  and  likewise 
Ad\  antageous  to  the  Propagation  of  the  (lOspel.  Piio- 
viDKD  ALSO,  that  it  shall    be   lawful    for  the  Re))resentatives 


1065] 


CxOVElRNOE   CARTEEEt's   Tr; PTRrCTtONS.  2." 


of  tlie  Freeholders  to  nuike  an^^  Address  to  tlie  Lords 
toucliiiig  the  (xovernor  and  Connc'l,  or  any  of  tliein,  or 
whatsoever  or  for  any  Thing  tliey  shall  desire,  without  the 
Consent  of  the  (Tovernor  and  Conncil.  Given  nnder  the 
Seal  of  onr  said  Province  the  tenth  Day  of  February  in  the 
Year  of  onr  Lord  one  Thousand  Six  Ilnndred  Sixty  and  four 
[1664-5.]  John  Berkley,  i 

Ct.  Cajiteret.  '-* 

1  Sir  John  Berkeley,  youngest  son  of  Sir  Maurice  Berkeley,  was  born  in  16(t7. 
He  commanded  tbo  army  against  the  Scots  in  163B,  and  was  knighted  at  Berwick  in 
that  year.  He  bore  a  conspicuous  part  in  the  civil  wars  that  followed,  supporting  the 
royal  cause  ;  became  Governor  of  Exeter,  aud  General  of  the  King's  forces  in  Devon. 
He  participated  in  the  exile  of  the  royal  family,  in  1652,  and  was  placed  at  the  head 
of  the  Duke  of  York's  establishment,  having  the  management  of  all  the  Duke's 
receipts  and  expenditures.  In  1056  he  was  raised  to  the  Peerage,  as  Baron  n^'rkcley 
of  Station,  in  the  connty  of  Somerset.  On  the  restoration  he  became  one  of  the  Privy 
Council,  and  towards  the  close  of  16C9,  Lord  Lieutenant  of  Ireland,  and  administered 
the  government  for  two  years.  In  1675  ho  was  appointed  Ambassador  Extraordinary 
to  Versailles,  and  died  August  28th,  1678.  Although  holding  so  many  distinguished 
offices  some  authorities  assert  that,  at  one  time,  he  was  "  under  a  cloud,'  in  conse- 
quence ot  his  being  detected  in  selling  of  offices,  and  other  corrupt  practices.  Pepys 
speaks  of  him  as  being  esteemed  "  a  fortunate,  though  a  passionate,  and  but  weak  7niin 
as  to  policy,"  and  "the  most  hot,  fiery  man  in  discourse,  without  any  cause,"  he  ever 
saw.  The  intimate  relations  existing  between  Berkeley  and  King  Chailes  and  the 
Duke  of  York,  as  .shown  in  Pepys'  illustrative  diary,  fully  account  for  the  granting  to 
him  an  interest  in  New  Jersey,  as  well  as  in  Carolina,  which  he  had  previously 
received.— "  East  Jersey  Lender  the  Proprietary  Governments,"  p.  103;  '■  X.  Y.  Colo- 
nial Documents,"  Vol.  II.,  p.  5fl9.    En. 

2  Siu  George  Carteuet  was  born  on  the  island  of  Jer.sey  in  1599.  Entering  the 
navy  at  an  early  age,  he  attained  a  high  reputation  as  a  naval  officer,  aud  in  1626  was 
appointed  by  Charles  I.  Joint  Goveinor  of  the  island  of  Jersey.  He  was  much 
esteemed  by  all  parties.  In  1640  he  was  appointed  Comptroller  of  the  Navy,  and  in 
May,  1645,  was  created  a  Baronet.  On  the  commencement  of  the  civil  war  be  retired 
from  the  navy,  and  withdrew  with  his  family  to  Jer.sey,  but  subsequently  returned  to 
aid  the  projects  of  the  royalists.  He  afterwards,  on  the  ruin  of  the  royal  cause, 
afforded  an  asylum  to  the  Prince  of  Wales  and  other  refugees  of  distinction  witliiu 
his  government  of  Jersey,  and  defended  the  island  against  the  Parliamentarians, 
Elizabeth  Castle  being  the  last  fortress  that  lowered  the  royal  banner.  At  the  restora- 
tion, having  shared  his  Koyal  Mastei's  banishment.  Sir  George  formed  one  of  the 
immediate  train  of  the  restored  monarch  on  his  triumphant  entry  into  London.  TIio 
next  day  he  was  sworn  of  the  Privy  Council,  appointed  Vice  Chamberlain,  and  consti- 
tuted Treasurer  of  the  Navy.  In  1669  he  was  expelled  from  the  House  of  Commons 
to  which  he  had  been  elected,  to  represent  Portsmouth,  for  misconduct  as  Vice  Cham- 
berlain, beimr  accused  of  embezzlement.  (See  "Andrew  Marvell's  Letters."  pp.  125. 
126.)  In  1673  he  was  appointed  one  of  the  Lords  of  the  Admiralty,  and  confinued  in 
the  public  service  until  bis  death— January  14th,  1679.  The  fidelity  with  which  Car- 
teret, like  Berkeley,  had  clung  to  the  royal  cause,  gave  him  also  great  iulluence  at 
court.  He  had,  at  an  early  date,  taken  a  warm  interest  in  the  colonization  of  America, 
and  became,  with  Berkeley,  one  of  the  proprietors  of  Carolina,  jnior  to  their  becoming 
Jointly  inteiested  in  N^ew  Jersey —' East  Jersey  Under  the  Proprietary  Govern- 
ments," p.  104  :  "New  York  Colonial  Documents, "  \'ol.  II.,  p.  410. 


^6  NEW    JERSEY   COLONIAL    DOCTMENTS.  [1665 


Commission  of  Robert  YauquiUin  ^  to  he  Surveyor  of  Neio 

Jersey. 

[From  tlio  Original  iu  the  Library  of  the  New  Jersey  Historical  Society.  | 

llohtt  Lord  Berkeley  Baron  of  Stratton,  and  S''  (Cirornf 
Carteret  Knicrht  k  Barr"  Vice-Cliamberlaine  of  his  Ma'''"'' 
lionseliold,  tlie  true  &  absolute  Lords  proprieto""^  of  all  }'" 
province  of  New  Cesareci  or  New  Jersey, 

To  qriv   trusted    and  ivelbeloved  Hohert    VaU" 
quilliJi  Gent.  Greeting  <i'c. 

%\^((  l)ein<i;  well  assured  of  jour  wisdome  prudence  and 
integi'itie  have  tliouo;lit  fitt,  and  doe  by  these  presents 
no'i'ate  constitute  and  appoint  you  our  Slirvevor  generall 
of  our  said  province  of  New  Cesarea  or  Neio  Jersey  by 
yo*"  selfe  or  such' as  you  shall  depute  tfe  appoint  to  la}'  out 
bound  ik  survey  all  allotments  of  land  generall  or  particu- 
lar, pu])liqueor  private,  whether  relating  to  vs  particularly, 
or  To  other  persons  by  grannt  from  us,  according  to  such 
wan-ante  <Sc  directions  as  you  sliall  from  time  to  time 
receive  from  our  (loverno'^and  councell  of  our  said  Province 
or  the  Major  part  of  them.  As  alsoe  true  certificates  make 
of  the  scituat'ons  bounde  (juantities  and  lines  of  all  lande 
soe  layd  out  mentioning  the  ])ersons  for  whom,  and  the 
order  you  received  for  your  soe  doeing  :  A\  liicli  sayd  Cer- 
tificates you  sliall  direct  to  our  Se.cretary  and  Register  of 

1  Iu  oaily  records  the  name  is  usually  given  as  "  Vaiiquellin."'  Ilis  sijinalure, 
however,  sbows  that  Vaui|uillin  is  coriect.  See  "East  Jersey  Under  the  Troprie- 
tary  Governments,"  2d  Edit.,  pp.  ,'')9-78— notes.    Ei>. 


1665] 


VAtTQUILLIN  S    COMMISSION, 


07 


the  said  Province  for  tlie  time  being,  that  bee  may  enter 
and  file  the  same.  ^tt(l  these  and  all  other  act  &  acts  thing 
&  things  w*"''  doe,  or  shall  belong,  or  appertaine  to  the 
office  of  our  Surveyor  generall  of  our  said  province,  you 
are  foithfully  to  doe  and  performe  According  to  such 
orders  and  instrucc'ons  as  you  shall  receive  from  us,  or  our 
Governor,  or  o''  governo''  and  Councell  or  the  major  part 
of  them  to  the  best  of  your  Judgem*  &  skill  ;  And  for  yo'' 
doeing  y*^  same  or  any  of  them  yu"  shall  receive  such 
salleries  fees  and  perquisite,  as  l)y  us  and  our  generall 
Assembly  of  the  sayd  Province  shalbe  appointed,  and  none 
other  :  ^iUfW  vnder  our  scale  of  our  said  Prt)vince  y*^  Tenth 
day  of  ffebruar}'  in  the  yeare  of  our  lord  one  thousand  six 
hundred  sixtie  and  foui'e.  * 


1   1664-5. 


2S  JCEW   JERSEY    roT.OXTAL   DOCUMEKTS.  [If'tOS 


The  Concessions  and  Agreements  of  the  Proprietors  of  East 

Jersey. 

I  From  n  coutpmporaneous  parchment  copy  (1)  brought  to  West  Jersoy  by  .Tohii  Fen- 
wick,  in  the  Library  of  the  New  Jersey  Uistorical  Society.] 

Til K  Concessions  and  Ai>Toeinciit  of  the  ]^ords  Proi)riii- 
tors  of  the  Province  of  New  Cesarea  or  New  Jersey  to  aiid 
with  all  and  ever.y  tlie  Adventurers  and  all  such  as  shall 
settle  or  plant  there. 

Imprimis  wee  doe  consent  and  agree  That  the  Governor 
of  the  said  Province  hath  Power  bj'  the  advice  of  his 
Conncell  to  Depnte  one  in  his  ])Iace  and  Authority  in  case 
of  death  or  removall,  To  continue  until!  our  fui'ther  order 
unless  wee  have  Coni'issionated  one  before. 

Item  that  hee  hath  (likewise)  ])ower  to  make  choice  of 
and  to  take  to  him  six  Couiu'cllors  at  least,  or  twelve  at 
most,  or  any  even  number  between  six  and  twelve  with 
whose  advice  aiul  consent,  (jr  with  at  least  three  of  the  six, 
or  foure  of  a  greater  nund)er  (all  being  summoned)  hee  is  to 
govei'ne  according  to  the  limitac'ons  and  insti'uctions  fol- 
lowing during  our  pleasure. 

Item  that  a  (Jheife  Secretary  or  Register  which  wee  have 
chosen  or  shall  choose  (wee  failing  that  hee  shall  chuse) 
shall  keep  exact  entries  in  faire  bookes  of  all  publi({ue 
affaires,  And  to  avoid  deceipts  and  Law  Suites,  shall  record 
and  enter  All  graunts  of  Land  from  the  Lords  to  the 
Planters,  and  all  (.Conveyances  of  Land  liouse  or  houses 
from  man  t<i  man  As  alsoe  all  Leases  for  Land  house  or 
liouses  ma(K'  or  to  be  nuule  by  the  Landlord  to  any  Teiumt 
for  moi'e  than  one  yeare,  Which  Conveyance  or  Lease  shall 
be  first  acknowledged  by  the  (Irantor  or  Lessor,  or  proved 

1  The  orisiiiiil  copy  was  ih'stroyeil  l)y  fire  in  Ai)iil.  ItigG.     See  "Proceedings  N.  J. 
Hist.  Soc,  "  \ol.  III.,  ]).  It;:..    Ki>. 


1665]  CONCESSIONS    AND    AGREEMENTS.  29 

by  the  Oath  of  two  M'itnesses  to  the  Lease  or  Conveyance 
before  the  Governor  or  some  clieife  Judge  of  a  Court  for 
the  time  beins;,  who  shall  under  his  hand  upon  the  back- 
side of  the  said  Deed  or  Lease  Attest  the  acknowledgment 
or  proofe  as  aforesaid  M^hich  shalbe  a  Warrant  for  the 
Register  to  record  the  same,  which  Conveyance  or  Lease 
soe  recorded  shalbe  good  and  effectual  in  Law  notwith- 
standing any  other  Conveyance  Deed  or  Lease  for  the  said 
Land  house  or  houses  or  for  any  part  thereof,  although 
dated  before  the  Conveyance  Deed  or  Deeds  or  Lease  soe 
Recorded  as  aforesaid.  And  the  said  Register  shall  doe 
all  other  thing  or  things  tliat  wee  by  our  instriicc'ons  shall 
direct,  and  the  Governor  Councell  and  assend)ly  shall 
ordeine  for  the  good  and  welfare  of  the  said  Province. 

Item  That  the  Surveyor  Generall  that  wee  have  chosen 
or  shall  choose  (wee  failing  that  the  Governor  shall  chose) 
shall  have  power  by  himself e  or  Deputy  to  Survey  lay  out 
and  bound  all  such  Lands  as  shall  be  graunted  from  the 
Lords  to  the  Planters,  and  all  other  Land  within  the  said 
Province  which  may  concerne  particular  men  as  hee  shalbe 
desired  to  doe,  And  a  perticular  thereof  Ceitific  to  the 
Register  to  be  recorded  as  aforesaid.  Provided  that  if  tlie 
said  Register  and  Surveyor  or  either  of  them  sliall  misbe- 
have themselves  as  that  the  Governor  and  Councell  or 
Deputie  Governor  and  Councell  or  the  major  part  of  them 
shall  find  it  reasonable  to  suspend  their  Actings  in  their 
respective  imployments  it  shall  be  lawfull  for  them  soe  to 
doe,  untill  further  order  from  us. 

Item  That  the  Governor  Couucellors  Assembly  men 
Secretary  Surveyor  and  all  other  Officers  of  Trust  shall 
sweare  or  subscribe  (in  a  book  to  bee  provided  for  that  pur- 
pose) That  they  will  beare  true  Allegiance  to  the  King  of 
England  his  heires  and  successors  and  that  they  will  be 
faithfull  to  the  interest  of  the  Lords  Propriatcrs  of  the 
said  Province  and  their  heires  executors  and  assignes  And 
endeavor  the  peace  and  welfare  of  the  said  Province  And 
that  they  will  truely  and  faithfully  discharge  their  respec- 


80  Xi:W    JKKSEY    Ct)LOXIAL    DOCTMENTS.  [1665 

five  [trusts  in  tlu-ir  i\'s})i'c-ti\H' ]  ( )trK'('s,  and  doc  (.'(|uall 
Justice  to  all  men  accordiuii-  to  their  best  skill  and  -ludi:;- 
iiient  without  corrujx'on  favour  *or  aft'eccon  And  the 
names  of  all  that  have  sworne  or  subseril)ed  to  be  eiitred  in 
a  P)Ool':e  And  whosoever  shall  subscribe  and  not  sweare, 
and  shall  \'iohite  his  promise  in  that  subscripcon  shall  be 
liable  to  the  same  punishment  that  the  persons  are  or  may 
bee  that  have  sworne  aiul  broken  their  ( )atlies. 

Itetn  That  all  persons  that  are  or 'shall  become  subjects 
to  the  King  of  England  and  sweare  or  subscribe  Allegiance 
to  the  King  and  faithfulness  to  the  Lords  shalbe  admitted 
to  Plant  and  become  ffreeman  of  the  said  Province  and 
enjoy  the  ffreedomes  and  Immunities  hereafter  expressed 
nntill  some  sto])})  or  contradiction  bee  made  by  us  the 
Lords  or  else  the  (lovernor  Councell  and  Assemblie,  which 
shall)e  in  force  nntill  the  Lords  see  cansc  to  the  conti-ary, 
Provided  that  such  stopp  shall  not  any  way  prejudice  the 
riirht  or  continuance  of  any  person  that  hath  been  I'eceived 
before  such  stopp  or  order  come  from  the  Lords  or  generall 
Assemblie. 

Item  That  noe  person  qualified  as  aforesaid  within  the 
said  Province  at  any  time  shalbe  any  waies  molested 
punished  discpiietcd  or  called  in  (Question  for  any  difference 
in  opinion  or  practice  in  matters  of  Religious  concerne- 
ments,  who  doe  not  actually  disturbe  the  civill  peace  of 
the  said  Proyince,  but  that  all  and  every  such  person  aiul 
persons  nuiy  from  time  to  time  and  at  all  times  truly  and 
fully  have  and  enjoy  his  and  their  Judgments  and  Con- 
eiences  in  matters  of  Religion  throughout  all  the  said 
Province:  They  l)ehaveing  themsches  ])eaceably  and 
(piietly  and  not  using  this  liberty  to  Licentiousnes,  nor  to 
the  civill  injury  or  outward  disturbance  of  others,  any  Law 
Statute  or  clause  conteyned  or  to  be  conteincd  usage  or 
custome  of  this  Peahne  of  England  to  the  contrary  thereof 
in  any  Avise  notwithstanding. 

Item  That  no  pretence  may  be  taken  by  us  our  heires  or 
assignes  for  or  1)}'  reason  of  our  right  of  Patronage  and 


1665]  CONCESSIONS    AND    AGREEMENTS.  31 

power  of  Advowsen  grauiited  by  his  Ma"^*  Letters  Pat- 
tents  unto  his  lloyall  Ilighnes  James  Duke  of  Yorke,  and 
by  his  said  Eoyall  Ilighnes  nnto  us,  tliereby  to  infringe 
the  general!  chiuse  of  Libertie  of  Conscience  aforement'oned 
"Wee  doe  hereby  graunt  unto  the  Generall  assembly  of  tlie 
said  Province  power  by  Act  to  Constitute  and  ap])oii)t  such 
and  soe  many  Ministers  or  Preachers  as  they  shall  think 
litt,  aTid  to  establish  their  maintenance,  Givnng  liberty 
besides  to  any  person  or  persons  to  keep  and  niaintaine 
what  Preachers  or  Ministers  they  please. 

Item  That  the  'inhabitants  being  Ifreemen  or  clieife 
Agents  to  others  of  the  Province  aforesaid  doe  as  soone  as 
this  our  Conrission  shall  arrive  by  Virtue  of  a  writt  in  our 
names  by  the  (xovernor  to  be  for  the  present  (untill  our 
Scale  comes)  sealed  and  signed  make  choice  of  Twelve 
DejDuties  or  Representatives  from  amongst  themselves  who 
being  chosen  are  to  joine  with  the  said  Governor  and  Coun- 
celi  for  the  makeing  of  such  Lawes  Ordinances  and  Consti- 
tutions as  shalbe  necessary  for  the  present  good  and  welfare 
of  the  said  Province,  But  so  soone  as  Parishes  Divisions 
Tribes  or  other  distinctions  are  made  That  then  the  Inhab- 
itants or  ifreeholders  of  theseverall  and  respective  Parishes 
Tribes  Devisions  and  distinctions  aforesaid  doe  (by  our 
Avritts  under  our  scale  which  wee  engage  shall  be  in  due 
time  issued)  Annually'  meet  on  the  first  day  of  January  and 
choose  ffreeholders  for  each  respective  division  Tribe  or 
Parish  to  be  the  Deputies  or  Representatives  of  the  same 
Which  body  of  representatives  or  the  major  part  of  them 
shall  with  the  Governor  and  Councell  aforesaid  bee  the 
generall  Assembly  of  the  said  Province,  the  (xovernor  or 
his  Deputy  being  present  unless  they  shall  wilfullee  refuse, 
in  which  case  they  may  appoint  themselves  a  President 
dureing  the  absence  of  the  Governor  or  his  Deputy 
Governor. 

Wnicii  Assemblies  are  to  have  power 

1  To  appoint  their  own  times  of  meeting,  and  to  ad- 
jorne  their  Sessions  from  time  to  time,  to  such  times  and 


32  m;\\   .n:R>i:v  (••[.••nial  DtxiMEXTs.  [l(iPi5 

places  as  they  sliall  tliink  couveiiieiit,  As  alsue  t(»  ascertaiiic 
the  mmiber  of  their  Quorum  Provided  that  such  iniinl)ers 
be  not  lesse  tlian  the  third  ])art  of  tlie  whole  in  Avhoni  (or 
more)  shull  he  the  full  [tower  of  the  geuerall  Assembly 
viz^ 

*i  To  cnai't  and  make  all  such  hawes  Acts  and  Consti- 
tutions as  shalbe  necessarie  for  the  well  (Toverment  of  the 
said  Province,  and  them  to  i-epeale  :  Provided  that  the 
same  be  consonant  to  reason,  and,  as  neere  as  may  be  con- 
veniently agreeable  to  the  Lawes  and  Customes  of  his 
Ma"''^  Kingdom  of  England  Provided  also  that  they  be  not 
against  the  interest  of  us  the  Lords  Propriators  our  heires 
or  assignes  nor  any  of  those  our  Concessions,  especiallie 
that  they  be  not  repugnant  to  the'  Article  for  Libertie  of 
Conscience  abovemenc'oned  AVhich  Lawes  &c'''.  soe  nuide 
shall  receive  Publicacon  from  the  Governor  and  CounccU 
(but  as  the  Lawes  of  ns  and  our  geuerall  Assembly)  and  be 
in  force  for  the  space  of  one  yeare  and  noe  more  unles 
contradicted  bythe  Lords  Propriators  within  which  time 
they  are  to  bee  presented  to  us  our  heires  Arc.  for  our  IJati- 
lieacon,  and  being  confirmed  by  ns  they  shall  be  in  con- 
tinuall  force  till  expii-ed  by  their  own  limitation  or  by  Act 
of  Kepeale  in  like  manner  to  be  passed  as  aforesaid  and 
confirmed. 

8  By  Act  as  aforesaid  to  constitute  all  Courts  together 
with  the  limitts  poAvers  and  -lurisdictious  of  the  same,  as 
alsoe  the  severall  Offices  ami  number  of  Officers  belonging 
to  each  (Jourt,  with  theii-  respective  Sallaries  ifees  and  })er- 
quisits,  their  appellac'ons  ami  dignities,  with  the  penalties 
that  shall  be  due  to  them  for  the  breach  of  their  severall 
and  respective  duties  and  Trusts. 

4  By  Act  as  aforesaid  to  lay  equall  taxes  and  assess- 
ments e(pudly  to  raise  nu»neys  or  goods  upon  all  Lands 
(excepting  the  Lands  of  us  the  Lords  Propriators  before 
setling)  or  persons  witiiin  the  severall  Precincts  Hundreds 
Parishes,  Manors  or  wliatsoever  other  Divisions  shall  here- 
after be  UKule  and  established  in  the  said  Province  as  oft 


1665]     .  CONCESSIONS    AND   AGREEMENTS.  33 

as  necessity  shall  require  and  in  sucli  manner  as  to  them 
shall  seem  most  eqnall  and  easie  for  the  said  inhabitants  in 
order  to  the  better  supporting  of  the  publique  charge  of 
the  said  Goverment,  and  for  the  mutuall  safetye  defence 
and  securitie  of  the  said  Province. 

5  By  Act  as  aforesaid  to  erect  withiti  the  said  Province 
such  and  soe  many  Manors  with  their  necessarie  Courts 
Jurisdictions  ffreedoms  and  Priviledges  as  to  them  shall 
seem  meet  and  convenient,  as  alsoe  to  devide  the  said 
Province  into  Hundreds  Tribes  Parishes  or  such  other 
Divisions  or  distinctions  as  they  shall  think  fitt,  and  the 
said  Divisions  to  distinguish  by  what  names  wee  shall  order 
or  direct,  And  in  default  thereof  by  such  names  as  they 
please.  As  alsoe  within  the  said  Province  to  create  and 
appoint  such  and  soe  many  Ports  Harbors  Creekes  and 
other  places  for  the  convenient  lading  and  unlading  of 
goods  and  Merchandizes  out  of  Shipps  Boates  and  other 
vessells  as  shalbe  expedient,  with  such  Jurisdictions  privi- 
ledges and  ffranchises  to  such  Ports  &c  belonging  as  they 
shall  judge  most  conducing  to  the  generall  good  of  the  said 
Plantac'ons  or  Province. 

6  By  their  Enacting  to  be  confirmed  as  aforesaid  to 
erect  raise  and  build  within  the  said  Province  or  any  part 
thereof  such  and  soe*  many  fforts  liortresses  Castles  Citties, 
Corporat'ons  Burroughs,  Towns,  Villages,  and  other  places 
of  Strength  and  defence,  and  them  or  any  of  them  to  incor- 
porate with  such  Charters  and  Priviledges  as  to  them  shall 
seem  good  and  the  Grant  made  unto  us  will  permitt,  and 
the  same  or  any  of  them  to  ffortifie  and  furnish  with  such 
Provisions  and  proporc'ons  of  Ordinance  powder  shott 
Armour  and  all  other  weapons  Amunition  and  Habiliments 
of  Warr  both  offensive  and  deffensive  as  shall  be  thought 
necessary  and  convenient  for  the  safety  and  welfare  of  the 
said  Province  ;  But  they  may  not  at  any  time  demolish 
dismantle  or  disfurnish  the  same  without  the  consent  of  the 
Governor  and  the  major  part  of  the  Councell  of  the  said 
Province. 


34  NEW    JERSEY    COLOXIAL    DOCTMENTS.  [1665 

7  By  Act  as  aforesaid  to  coiistituto  Trained  bands  and 
companies  M'itli  the  nnnil)er  of  Soldiers  for  tlie  safety 
strength  and  defense  of  the  said  Pi'ovinee ;  and  of  tlie 
fforts  Castles  C/itties  etc.  to  sn})presse  all  Mutinies  and 
Kebellions,  To  make  AVarr  Offensive  and  Defensive  with 
all  Indians  'Strangers  and  ffonreigners,  as  they  shall  see 
cause;  And  to  pursue  an  Enemye  by  Sea  as  well  as  by 
J^and  if  need  be  out  of  the  limitts  and  Jurisdictions  of  the 
said  Province,  with  the  perticuler  consent  of  the  (lovernor 
or  under  his  conduct  or  of  our  Coni'ander  in  chiefe,  or 
whom  he  shall  appoint. 

8  P)y  Act  as  aforesaid  to  give  unto  all  Strangers  as  to 
tliem  shall  seem  meet  A  naturalization,  and  all  such  free- 
domes  and  priviledges  within  the  said  Province  as  to  his 
Ma'''''''  subjects  doe  of  right  Iwelong  they  Swearing  or  sub- 
scribeing  as  aforesaid  Which  said  Strangers  soe  natui-ab'zed 
and  ])riviledged  shall  be  in  all  respects  accom})te(l  in  the 
said  Province  as  the  Kings  naturall  su1>jects 

9  By  Act  as  aforesaid  to  prescribe  the  quantities  of 
Land  which  shall  be  from  time  to  time  allotted  to  eveiy 
head,  free  or  Servant,  Male  or  ifemale,  and  to  make  and 
ordeine  rules  for  the  casting  of  lotts  for  Land  and  the  lay- 
ing out  of  the  same,  Provided  they  doe  not  in  their  pre- 
scripc'ons  exceed  the  severall  propoi'c'ons  which  are  hereby 
graunted  by  us  to  all  persons  arriving  in  the  said  Province 
or  Adventuring  thither. 

10  The  generally  Assembly  by  Act  as  aforesaid  shall 
make  provision  for  the  maintenance  and  support  of  the 
(lovenioi-,  and  for  the  defrayeing  all  necessarie  charges  of 
the  (Jovernmcnt  As  alsoe  that  the  Constables  of  the  said 
Province  shall  Collect  the  Lords  Kent,  and  shall  pay  the 
same  to,  tlie  Reeeivei-  that  the  l^ords  shall  appoint  to  receive 
the  same,  ujiles  the  said  genei'ull  asseml)ly  shall  presci-ibe 
some  other  way  whereby  the  Lords  may  have  their  Pents 
duely  collected  without  charge  or  trouble  to  them. 

11  Lastlie  to  enact  constitute  and  ordeine  all  such  other 
Lawes  Acts  and  Constituc'ons  as  shall  or  may  be  necessary 


ir>(>5]  CONCESSIONS    AND   AGREEMENTS.  85 

for  the  good  propert}^  and  settlement  of  the  said  Province 
(excepting  what  by  these  presents  is  excepted  And  conform- 
ing to  the  limitac'ons  lierein  exprest. 

The  Governor  with  liis  Councell  before  exprest  is, 

i  To  see  that  all  C'ourts  established  by  the  Lawes  of  the 
Generall  Assembly  and  all  Ministers  and  Officers  civill  and 
military  doe  and  execnto  their  severall  Dnties  and  Offices 
respectively  according  to  the  Lawes  in  force,  and  to  punish 
them  for  Swerving  from  the  Lawes  or  Acting  contrary  to 
their  Trust,  as  the  nature  of  their  offence  shall  require. 

ij  According  to  the  Constituc'ons  of  the  generall 
Assembly  to  nominate  and  Com'issionate  the  severall 
Judges  members  and  officers  of  Courts,  whether  Majis- 
traticall  or  Ministeriall  and  all  other  civill  Officers  Coro- 
ners [cf .]  and  their  Com'issions  powers  and  authorities  to 
revoke  at  pleasure  Provided  that  they  appoint  none  but 
such  as  are  ffreeholders  in  the  Province  aforesaid  unles  the 
generall  Assembly  consent. 

iij  According  to  the  Constituc'ons  of  the  generall 
Assembly  to  appoint  Courts  and  Officers  in  Cases  criminall, 
and  to  impower  them  to  inliict  penalties  upon  offenders 
against  any  of  the  Lawes  in  force  in  the  said  Province,  as 
the  said  Lawes  shall  ordeine,  Avhither  by  ffine  imprison- 
ment, banishment  corporall  punishment,  or  to  the  taking 
away  of  member  or  of  life  it  selfe  if  there  be  cause  for  it. 

iiij  To  place  Officers  and  Soldiers  for  the  safetie, 
strength,  and  defence  of  the  fforts  Castles  Cities  itc. 
according  to  the  nnmber  appointed  by  the  generall  Assem- 
bly to  nominate  place  and  com'issionate  all  Military  Officers 
under  the  dignitie  of  the  said  Governor  who  is  Com'ission- 
ated  by  ns  over  the  severall  Framed  bands  and  Companies, 
Constituted  by  the  generall  Assembly  as  Colonels  Captains 
&c.  and  their  Com'issions  to  revoke  at  pleasure,  the  Gov- 
ernor with  the  advice  of  his  Councell,  unles  some  present 
danger  will  not  permitt  him  to  advise,  to  muster  and  traine 
all  tlie  forces  within  the  said  Province,  to  prosecute  AVar 


36  NEW    JERSEY   COLONIAt    DOCUMENTS.  [1GG5 

pursue  an  Eneniye,  suppresse  all  Rebellions  and  Mutinies 
as  well  by  Sea  as  by  Land,  and  to  exercise  tbe  whf)le  Mili- 
tia as  fully  as  ever  by  the  (iraunt  from  his  Royall  lligli- 
nes  can  impower  hiin  or  them  to  doe,  Provided  that  tliey 
appoint  noe  military  forces  but  Avhat  are  ffi*eeholders  in  the 
said  Province,  unles  the  Generally  Assembly  shall  consent. 

V  Where  they  see  cause  after  Condemnation  to  llepreive 
untill  the  Case  be  presented,  with  a  co]ipie  of  the  whole 
Tryall  and  proceedings  and  proofes  to  the  Lords  who  will 
accordingly  either  pardon  or  com'and  execucon  of  the 
sentence  on  the  Offender  who  is  in  the  meane  time  to  be 
kept  in  safe  custodie  till  the  ])lcasuro  of  the  Lords  1)0 
knowne. 

VJ  In  case  of  death  or  other  removall  of  any  of  the 
representatives  within  the  yeare  to  issue  SunTons  by  Writt 
to  the  respective  Division  or  Divisions  to  M'hich  he  or  they 
were  chosen'  com'anding  the  ff'reoholders  of  the  same  to 
choose  othei's  in  their  stead. 

vii  To  make  Warrants  and  to  Scale  grants  of  Lands 
according  to  these  our  Concessions  and  the  prescripc'ons  by 
the  advice  of  the  genei'all  Assembly  in  such  forme  as  shall 
be  at  large  sett  down  in  our  Instrucc'ons  to  the  Governor 
in  his  Commission,  and  which  are  hereafter  ex]>rest. 

viij  To  Act  and  doe  all  other  thing  or  things  that  may 
conduce  to  the  safetie  peace  and  well  Goverment  of  the 
said  Province,  as  they  shall  see  litt,  soe  as  they  bee  not 
contrary  to  the  Lawes  of  the  said  Province 

For  the  better  security  of  the  Propriators  and  all  the 
Inhabitants 
1  They  are  not  to  impose  nor  suffer  to  be  imposed  any 
Taxe  Custome  Subsidie  Talladge,  Assessment,  or  any 
other  duty  whatsoever  upon  any  coloui'  or  jiretence 
u})on  the  said  Province  and  inhabitants  thereof  other 
then  what  shall  be  imposed  by  the  Authority  and 
consent  of  the  geiiei-all  Assembly  and  then  oidy  in 
mannei"  as  afoi'esaid. 


1665]  CONCESSIONS    AND   AGREEMENTS.  37 

2  Tliey  are  to  take  care  that  Land  qiiietlie  lield 
planted  and  possessed  seaven  years  after  its  being  iirst 
duely  Surveyed  by  the  Surveyor  (lenerall  or  his  Order 
shall  not  be  subject  to  any  reveiw  re-survey  or  alter- 
ac'on  of  bounds  on  what  pretence  soever  by  any  of  us 
or  any  oliicer  or  Minister  under  us 

3  They  are  to  take  care  that  noe  man  if  his  Cattell 
Stray  Range  or  Graze  on  any  Ground  within  the  said 
Province  not  actually  appropriated  or  sett  out  to  per- 
ticular  persons  shall  be  lyable  to  pay  any  Trespasse  for 
the  same  to  us  our  hcires  k^c  :  Provided  that  Custome 
of  Com'ons  be  not  thereby  pretended  to  ;  nor  any 
person  hindred  from  taking  up  and  appropriating  any 
Lands  soe  grascd  upon,  And  that  noe  person  doe  pur- 
posely suffer  his  Cattle  to  graze  on  such  Lands. 

And  that  the  planting  of  the  said  Province  may 
be  the  more  speedily  promoted. 

i  Wee  doe  hereby  Graunt  unto  all  persons  who  have 
alreadie  Adventured  to  the  Province  of  New  Cesaria  or 
new  Jersey  or  shall  transport  themselves  or  Servants  before 
the  first  day  of  January  which  shall  be  in  the  yeare  of  our 
Lord  1665.1  These  following  proporc'ons  viz^  to  every 
ffreeman  that  shall  goe  with  the  first  Governor  from  the 
Port  when  he  inibarcpies  (or  shall  meet  him  at  the  Rande- 
vouze  liee  appoints)  for  the  Settlement  of  a  Plantac'ou 
there  ;  armed  with  a  good-Muskett  boare  twelve  bulletts  to 
the  Pound,  with  Tenn  pounds  of  powder  and  Twenty 
pound  of  Bulletts,  with  bandelcers  and  match  convenient, 
and  with  six  months  provision  for  his  own  person  arriving 
there  150  acres  of  Land  English  measure  And  for  every 
able  man  Servant  that  he  shall  carry  with  him  armed  and 
provided  as  aforesaid  and  arriving  there,  the  like  (piantity 
of  150  acres  of  land  English  measure,  And  whoever  shall 
send  Servants  at  that  time  shall  for  every  able  man  Servant 

1   1665-6.    Ed. 


38  NEW    JKRSEY    COLONIAL    DOCUMENTS.  [^1665 

lice  or  slie  see  sends  armed  and  provided  as  aforesaid  and 
arrivinsi:  there  tlie  like  (piantity  of- 150  acres  And  for  every 
weaker  Servant  or  Slave  male  or  female  exceedinii;  the  age 
of  ffourteen  yeares  which  any  one  shall  send  or  carry  arrive- 
ing  there  75  acres  of  Land  And  to  everv  Christian  Servant 
exceeding  the  age  aforesaid  after  the  expiracon  of  their 
time  of  service  75  acres  of  Land  for  their  own  nse. 

2  Item  to  every  Master  or  Mistres  that  shall  goe  before 
the  first  day  of  January  which  shalbe  in  the  yeare  of  our 
Lord  1665/  120  acres  of  land  and  for  every  able  man  Ser- 
vant that  hee  or  she  shall  carry  or  send  armed  and  provided 
as  aforesaid  and  arriving  within  the  time  aforesaid  the  like 
quantity  of  120  acres  of  land,  and  for  every  weaker  Servant 
or  Slave  male  or  female  exceeding  the  age  of  l-l  yeares 
arriving  there  60  acres  of  land,  and  to  every  Christian 
Servant  to  their  owne  use  and  l)ehoofe  60  acres  of  land. 

3  Item  to  every  ffreeman  and  ffreewoman  [who]  shall 
arrive  in  the  said  Province  armed  and  provided  as  afore- 
said within  the  second  year  from  the  iirst  day  of  January 
1665*  to  the  iirst  of  Jan'y  1666  ^  with  an  intenc'on  to 
plant  00  acres  of  land  English  measure,  and  for  every  able 
man  Servant  that  hee  or  she  shall  carry  or  send  armed  and 
provided  as  aforesaid  90  acres  of  land  like  measure. 

i  Item  for  every  weaker  Servant  or  slave  aged  as  afore- 
said that  shall  be  soe  carried  or  sent  thither  witliin  the 
second  yeare  as  aforesaid  1:5  acres  of  land  of  like  measure 
And  to  every  Christian  Servant  that  shall  arrive  the  second 
yeare  45  acres  of  land  of  like  measure  after  the  expiracon 
of  his  or  their  time  of  Service  for  their  own  use  and 
behoofe. 

5  Item  to  every  ifreeraan  and  ffreewoman  Armed  and 
provided  as  aforesaid  That  shall  goe  and  arrive  with  an 
intencon  to  ])lant  within  the  third  yeare  from  January 
1666*  to  January  1667''*  <»0  acres  of  land  of  like  measure 
And  for  every  able  man  Servant  that  he  or  they  shall  carry 

1   16C5-6.  2   lfi65-6,  3   1666-7.  4   1666-7.  5    1667-8.      Eu . 


1665]  CONCESSIONS    AND    AGREEMENTS.  39 

or  send  within  the  said  time  armed  and  provided  as  afore- 
said the  like  quantitie  of  60  acres  of  land,  And  for  every 
weaker  Servant  or  Slave  aged  as  aforesaid  that  hee  or  they 
shall  carry  or  send  within  the  Third  yeare  30  acres  of  land 
and  to  every  Christian  Servant  soe  carried  or  sent  in  the 
Third  yeare  30  acres  of  land  of  like  measure  after  the 
expiracon  of  his  or  their  time  of  Service.  All  which  Land 
and  all  other  that  shall  be  possessed  in  the  said  Province 
are  to  be  held  on  the  same  termes  and  Condic''ons  as  is 
before  menc'oned  and  as  hereafter  in  the  following  Para- 
graphs is  more  at  lar[g]e  expressed. 

Provided  alwaies  that  the  before  menc'oned  Land  and 
all  other  whatsoever  that  shall  be  taken  up  and  soe  setled 
in  the  said  Province  shall  afterward  from  time  to  time  for 
the  space  of  thirteen  yeares  from  the  date  hei'eof  be  held 
npon  the  Condicons  aforesaid  continuing  one  able  man 
Servant  or  two  such  weaker  Servants  as  aforesaid  on  every 
100  acres  a  Master  or  Mistres  shall  possesse  ;  besides  what 
was  graunted  for  his  or  her  own  person  ;  In  failer  of  which 
upon  notificac'on  to  the  present  occupant  or  his  assignes 
tiiere  shall  be  three  yeares  given  to  such  for  their  compleat- 
ing  the  said  number  of  persons,  or  for  their  Sale  or  othei- 
disposure  of  such  part  of  their  Lands  as  are  not  soe  peopled 
within  M'hich  time  of  three  yeares  if  any  person  holding 
any  Lands  shall  faile  by  himselfe  his  Agents  executors  or 
Assignes  or  some  other  way  to  provide  such  number  of 
persons,  unles  the  generall  Assembly  shall  without  respect 
to  poverty  judge  it  was  imj^ossible  for  the  party  soe  failing 
to  keep  or  ])rocure  his  or  her  number  of  Servants  to  be 
provided  as  aforesaid  ;  In  such  case  wee  the  Lords  to  have 
power  of  disjjoseing  of  soe  much  of  such  Lands  as  shall  not 
be  planted  with,  its  due  number  of  persons  as  aforesaid  to 
some  other  that  will  plant  the  same,  Provided  alwaies  that 
noe  person  arriving  into  the  said  Province  with  purpose  to 
settle  (they  being  Subjects  or  naturalized  as  aforesaid)  bee 
denied  a  Grant  of  such  proporc'ons  of  Land  as  at  the  time 
of  their  arrivall  there,  are  due  to  thejngelves  or  Servants 


40  NEW  JERSEY  COLONIAL  DOCUMENTS.       [1665 

by  Concession  from  us  as  aforesaid,  but  have  full  licence  to 
take  up  and  settle  the  same  in  such  Order  and  manner  as  is 
granted  or  prescribed ;  All  Lands  (notwithstanding  the 
powers  in  the  Assembly  aforesaid)  shall  be  taken  up  by 
Warrant  from  the  Governor,  and  confirmed  by  the  Gover- 
nor and  Councell  under  a  Scale  to  be  provided  for  that 
purpose  in  such  Order  and  method  as  slialbe  set  down  in 
this  declaracon  and  more  at  large  in  the  instructions  to  the 
Governor  and  Councell 

And  that  the  Lands  may  be  the  more  regularlie  laid 

out  and  all  persons  the  better  ascertained  of  their 

Titles  and  possessions. 

i     The  Governor  and  Councell  (and  Assembly  if  any  be) 

are  to  take  care  and  direct  that  all  Lands  be  devided  by 

(-ienerall  Lotts,  none  lesse  than  2100  acres,  nor  more  than 

21000  Acres  in  each  Lott,  Excepting  Citties  TQ>vnes  &c  : 

and  the  near  lotts  of  Townshipps,  And  that  the  same  be 

devided  into  seaven  parts  one  seaventh  part  by  Lott  to  us 

our  heires  and  assignes,  the  remainder  to  persons  as  they 

come  to  plant  the  same  in  such  proporc'ons  as  is  allowed. 

ii  Item  that  the  Governor,  or  whom  he  shall  depute  in 
case  of  Death,  or  absence,  if  some  one  be  not  before  Com- 
'issionated  by  us  as  aforesaid  doe  give  to  every  person  to 
whom  Land  is  due,  a  Warrant  Signed  and  sealed  by  liim- 
selfe,  and  the  Major  part  of  his  Councell,  and  directed  to 
the  Surveyor  Generall  or  his  Deputie  cora'anding  him  to 
lay  out  Limitt  and  bound  acres  of  land  (as  his 

due  ])r()porc'on  is)  for  such  a  person  in  such  Allottment, 
according  to  which  Warrant  the  Register  having  first 
Recorded  the  same,  and  attested  the  record  upon  the  War- 
rant, The  Surveyor  Generall  or  his  Deputy  shall  proceed 
and  certitie  to  the  cheife  Secretary  or  Register  the  name 
of  the  person  for  whom  he  hath  laid  out  land  by  Virtue  of 
what  Authority,  the  date  of  the  Authoritie  or  Warrant, 
the  number  of  acres,  the  bounds,  and  on  what  point  of  the 
Compasse  the  severall  limitts  thereof  lye,  which  Certilicatc 


1665]  CONCESSIONS- AND    AGREEMENTS.  41 

the  Register  is  likewise  to  enter  in  a  booke  to  be  prepared 
for  that  purpose  with  an  Alpliabeticall  table  referring  to 
the  booke,  that  soe  the  (Certificate  may  bee  the  easier  found, 
and  then  to  file  the  Certificates  and  the  same  to  keep  safe- 
lye.  The  Certificate  being  entred  a  Warrant  comprehending 
all  the  perticulers  of  the  Land  menc'oned  in  the  Certificate 
aforesaid  is  to  bee  signed  and  sealed  by  him  and  his  Coun- 
cell  or  the  major  part  of  them  as  aforesaid  (they  haveing 
seen  the  entry)  and  directed  to  the  Register  or  cheife  Secre- 
tary for  his  preparing  a  Graunt  of  the  Land  to  the  jjartie 
for  whom  it  is  laid  out,  which  graunt  shall  bee  in  the  forme 
following  viz*. 

The  Lokds  PEorRiATORs^of^the  Province  of   New 
Cesaria  or  New  Jersey  doe  hereby  (Iraunt  unto  A  B 

of  the in  the  Province  aforesaid  A 

plantation  conteyning  ....  acres  English  nieas- 
sure  bounding  (as  in  the  Certificates)  To  hold  to  him 
(or  her)  his  (or  her)  lieires  and  assignes  for  ever, 
Yeildmg  and  paying  yearly  to  the  said  Lord  P  ropri- 
ators  their  heires  or  assignes  every  25*^  day  of  March 
according  to  the  English  account,  One  halfe  penny 
[or  One  penny  i]  of  lawfuU  money  of  England  fur 
every  of  the  said  acres.  To  be  holden  of  the  Manor  of 
in  free  and  comon  Soccage  ;  the  first 
payment  of  which  Rent  to  begin  the  25"^  day  of  March 
which  shall  be  in  the  yeare  of  our  Lord  according  to 
the  English  account  1670.  Given  under  the  scale  of 
the  said  Province  the  day  of  in 

the  yeare  of  our  Lord  16 

iij  '■*  To  which  Instrument  the  Governoror^his  deputy 
hath  hereby  full  power  to  put  the  Scale  of  the'said  Pro- 
vince and  to  subscribe  his  name  as  alsoe  the'CounccIl  or"  the 
major  part  of  them  are  to  subscribe  their  names.  And  tlicn 

IJ^ot  in  the  written  copy,  but  in  "Grants  and_^Conceg8ion8,"  and  in  Section    vi 
following. 
2  Part  of  Section  ii.  in  Learning  &  Spioro's  "Grants  and  Conoessions,"    Ijjp. 


42  NEW    JERSEY    COLOXIA-L    DOCUMENTS.  [1665 

the  Instnimciit  or  Grant  is  to  be  l)y  the  Register  recorded 
in  a  booke  of  Ileeords  for  tliat  pnrpose,  All  wliich  being 
done  according  to  tliose  instrucc'ons  Wee  hereby  declare 
that  the  same  shall  be  effectuall  in  Law  for  the  enjoyment 
of  the  said  Plantation  and  all  the  benefitts  and  profitts  of 
and  in  the  same  (except  the  halfe  jiart  of  mines  of  Gold 
and  Silver)  paying  the  Rent  as  aforesaid,  Provided  that  if 
any  Plantacon  soe  graunted  shall  by  the  space  of  Three 
yeares  be  neglected  to  be  planted  with  a  sufficient  number 
of  Servants  as  is  before  menc'onfcd  That  then  it  shall  be 
hiwfull  for  us  otherwise  to  dispose  thereof  in  M'hole  or  in 
j)art,  tliis  Graunt  notwithstanding. 

iiij  1  Item  wee  doe  alsoe  graunt  convenient  pro})or- 
c'ons  of  Land  for  highwaies  and  for  Streets  not  exceeding 
loO  foote  in  bredth  in  Citties  Town's  and  Villages  itc.  for 
Churches  ft'orts  Wharfes  Ke3'es  Harbours  and  for  publi<jue 
houses.  And  to  each  Parish  for  the  use  of  their  Minister 
200  acres  in  such  places  as  the  Generall  Assembly  shall 
apjjoint. 

V  1  Item  the  Governor  is  to  take  notice  that  all  such 
Lands  laid  out  for  the  uses  and  purposes  aforesaid  in  the 
next  preceding  Article  shall  be  free  and  exempt  from  all 
Rents  Taxes  and  other  charges  and  duties  whatsoever  pay- 
able to  us  our  lieires  or  assignes 

VJ  ^  Item,  that  in  layeing  out  Lauds  for  Citties  Townes 
Villages  Burroughs  or  other  JIanilotts,  the  said  lands  be 
devided  into  seaven  parts,  one  seaventh  part  whereof  to  be 
by  Lott  laid  out  for  us  and  the  rest  devided  to  such  as  shall)e 
willing  to  bnild  thereon,  they  paying  after  the  rate  of  one 
halfe  penny  or  one  peimy  p'  acre  according  to  the  value  of 
the  Lands  yearely  to  us  as  for  their  other  Land  as  aforesaid 
Which  said  Laiuls  in  Citties  Townes  i*cc.  is  to  bee  assured 
to  each  possessor  by  the  same  way  and  instrument  as  is 
before  menc'oned. 


1  Sections  Nos.  iii.j.,  v.  and  vj.,  in  consequence  of  Section  No.  iii.  being  incorporated 
in  No.  ii.,  are  numberedin  Learning  ^^i  Spiccr's  "Grunts  and  Concessions,"  Nos.  3,  4 
and  5.   £d. 


1665]  CONCESSIONS    AND   AGREEMENTS.  43 

vij  ^  Item  that  the  Inhabitants  of  the  said  Province 
have  free  passage  through  or  by  an}^  Seas  bounds  creeks 
rivers  rivnletts  <tc.  in  the  said  Province  through  or  by 
which  tliey  must  necessarilie  passe  to  [or  ?]  come  from  the 
niaine  Ocean  to  any  part  of  the  Province  aforesaid. 

viij     Lastlie  it  shall  be  lawful!  for  the  Representatives 

of  the  ffreeholders  to  make  any  Addresse  to  to  the  Lords 

touching  the  Governor  and  Councell  or  any  of  them  for  or 

concerning  any   Grcivances  whatsoever  or  for  any  other 

thing  they  shall  desire,  without  the  consent  of  the  Governor 

and  Councell  or  any  of  them.     ['■*  Given  Under  our  Seal 

of  our  said  Province  the  Tenth  day  of  February  in  the 

Year  of  our  Lord  One  Thousand  Six  Hundred  Sixty  and 

Four. 

John  Bekkley 

G.   Carteret.] 


Grant  from  Governor  Nicolls  for  Land  at  '■'•Sandy  Fo'mV 
{Sandy  IIool^  and  on  liarltaii  Bay. 

[From  "  Grants  aud  Coucessious,'  p.  661.] 

Monmouth  Patent. 

To  ALL  to  whom  these  Presents  shall  come.  I  Bichard 
NicolU,  Esq :  Governor  under  his  Royal  Highness  the 
Duke  of  Yo7'l\  of  all  his  Territories  in  America^  send 
Greeting.  Whereas  there  is  a  certain  Tract  or  Parcel  of 
Land  within  this  Government,  lying  and  being  near  Sandy 
Point,  upon  the  Main  ;  which  said  parcel  of  Land  hath 

1  Learning  &  Spicer's  edition  has  another  section  here,  numbered  vi.,  as  follows  : 
"  Item.  That  all  Rules  relating  to  the  buihling  of  each  vStreet,  or  quantity  of  Ground 
to  be  allotted  to  each  House  within  the  said  respective  Cities,  Boroiiglis  and  Towns, 
be  wholly  left  by  Act  as  aforesaid  to  the  Wisdom  and  Discretion  of  the  General 
Assembly."    Ed. 

2  The  copy  from  which  the  foregoing  was  printed  was  without  the  closing  para- 
graph and  signatures,  which  are  taken  from  the  printed  copy  in  the  "  Grants  and 
Concessions,"  as  published  by  Learning  &  Spicer,  which  differs  in  orthography  and 
other  minor  particulars.    Ed. 


44  NEW    JERSEY    COI.fiMAL    DOCUMENTS.  [1665 

been  witli  my  Consent  iind  A[)probatiou  bought  by  some 
of  the  Inhabitants  of  Gravcscnd,  npon  Long  Island,  of  the 
Sachems  (chief  Proprietors  thereof)  who  Ijefore  nie  have 
acknowledged  to  liave  received  Satisfaction  for  the  same, 
to  the  end  the  said  Land  may  be  pUinted,  manured,  and 
inhabited,  and  for  divers  other  good  Causes  and  Considera- 
tions, I  have  thought  tit  to  give,  confirm  and  grant,  and 
by  these  Presents  do  give,  coniirm  and  grant  unto  William 
Goulding,  Samuel  Spicer,  Richard  Gibbons,  Richard 
Stout ^  James  Graver,  John  Boion,  John  Tilton,  Nathaniel 
Silvester,  William  Reape,  Walter  Claris,  Nicholas  Davis, 
Ohadiah  Holmes,  Patentees,  and  their  Associates,  their 
Heirs,  Successors,  and  Assigns,  all  that  Tract  and  Part  of 
the  main  Land,  beginning  at  a  certain  Place  commonly 
called  or  known  by  the  Name  of  Sandy  Point,  and  so  run- 
ning along  the  l)ay  AVest  Xorth  AVest,  till  it  comes  to  the 
Mouth  of  the  Raritans  River,  from  thence  going  along  the 
said  Tliver  to  the  Westermost  Part  of  the  certain  Marsh 
Land,  which  divides  the  lliver  into  two  Parts,  and  from 
that  Part  to  run  in  a  direct  South  West  Line  into  the  AVoods 
Twelve  Miles,  and  then  to  turn  away  South  East  and  by 
South,  until  it  falls  into  the  main  Ocean ;  together  with  all 
Lands,  Soils,  Rivers,  Creeks,  Harbours,  Mines,  Minerals, 
(Royal  Mines  excepted)  Quarries,  Woods,  Meadows,  Pas- 
tures, Marshes,  AVaters,  Lakes,  Fishings,  Ilawkings,  Hunt- 
ings and  Fowling,  and  all  other  Profits,  Connnodities,  and 
Hereditaments  to  the  said  Lands  and  Premises  belonging 
and  appertaining,  with  their  and  every  of  their  api)urte- 
uances  aiul  of  every  Part  and  Parcel  thereof.  To  Have 
AND  TO  Hoi.i),  all  and  singular  the  said  Lands,  Heredita- 
ments, and  Premisses  with  their  and  every  of  their  Appur- 
tenances hereby  given  and  granted,  or  herein  before  men- 
tioned to  be  given  and  granted  to  the  only  proper  Use  and 
Jiehootf  of  the  said  Patentees  and  their  Associates,  their 
Heirs,  Successors,  and  Assigns  forever,  upon  such  Terms 
and  Conditions  as  hereafter  are  expressed,  that  is  to  say, 
that  the  said  Patentees,  and  their  Associates,  their  Heirs  or 


10^)5]  MONMOUTH    PATENT.  45 

Assigns  shall  within  the  space  of  three  Years,  beginning 
from  the  Day  of  the  Date  hereof,  niannre  and  plant  the 
aforesaid  Land  and  Premisses,  and  settle  there  one  Ilnn- 
dred  Families  at  tlie  least ;  in  consideration  whereof  I  do 
promise  and  grant  that  the  said  Patentees  and  their  Asso- 
ciates, their  Heirs,  Successors,  and  Assigns,  shall  enjoj  the 
said  Land  and  Premisses,  with  their  Appurtenances,  for 
the  Term  of  seven  Years  next  to  come  after  the  Date  of 
these  Presents,  free  from  Payment  of  any  Rents,  Cnstoins, 
Excise,  Tax  or  Levy  whatsoever  :  But  after  the  Expiration 
of  the  said  Term  of  Seven  Years,  the  Persons  who  shall 
be  in  the  Possession  thereof,  shall  pay  after  the  same  Kate, 
which  others  within  this  his  Royal  Highnesses  Territories 
shall  be  obliged  unto.  And  the  said  Patentees  and  their 
Associates,  their  Heirs  Successors  and  Assigns  shall  have 
free  leave  and  liberty  to  erect  and  build  their  Towns  and 
Villages  in  such  Places,  as  they  in  their  Discretions  shall 
think  most  convenient,  provided  that  they  associate  them- 
selves, and  that  the  Houses  of  their  Towns  and  Villages, 
be  not  too  far  distant  and  scattering  one  from  another-;  and 
also  they  make  such  Fortilications  for  their  Defence 
against  an  Enemy  as  may  seem  needful.  And  I  do  like- 
wise grant  unto  the  said  Patentees,  and  their  Associates, 
their  Heirs,  Successors  and  Assigns,  and  unto  any  and  all 
other  Persons,  who  shall  Plant  and  Lihabit  in  any  of  the 
Land  aforesaid,  that  they  shall  have  free  Liberty  of  Con- 
science without  any  Molestation  or  Disturbance  whatsoever 
in  their  way  of  Worship.  And  I  do  further  grant  unto 
the  aforesaid  Patentees,  their  Heirs,  Siiccessors,  and 
Assigns,  that  they  shall  have  Liberty  to  elect  by  tlie  Vote 
of  the  Major  Part  of  the  Inhal)itants,  five  or  seven  other 
Persons  of  the  ablest  and  discretest  of  the  said  Inhabitants, 
or  a  greater  l^umber  of  them  (if  the  Patentees,  their  Heirs, 
Successors  or  Assigns  shall  see  cause)  to  join  with  them, 
and  they  together,  or  the  Major  Part  of  them,  shall  have 
full  Power  and  Authority  to  make  such  peculiar  prudential 
Laws  and  Constitutions  amonofst  the  Inhabitants  for   the 


40  XEW   JERSEY   COLONIAL   BOCUMENTS.  [16G5 

better  and  more  ordei-ly  governing  of  them,  as  to  them 
sliall  seem  meet ;  provided  they  be  not  repugnant  to  the 
pnblick  Laws  of  tlie  (xovernment ;  and  tliey  sliall  also  have 
Liberty  to  try  all  Causes  and  Actions  of  Debt  and  Trespass 
arising,  amongst  themselves,  to  the  Value  of  Ten  Pounds^ 
without  Appeal,  but  that  they  remit  the  hearing  of  all 
Criminal  Matters  to  the  Assizes  of  New  Yorl'.  And  fui-- 
thermore  I  do  promise  and  grant  unto  the  Patentees,  and 
Associates  aforementioned,  their  Heirs,  Successors  and 
Assigns,  that  they  shall  in  all  Things  have  equal  privileges, 
Freedom  and  Immunities  with  any  of  his  Majesty's  Sub- 
jects within  this  Government,  these  Patentees  and  their 
Associates,  their  Heirs,  Successors  and  Assigns  rendering 
and  paying  such  Duties  and  Acknowledgements  as  now 
are,  or  hereafter  shall  be  constituted  and  established  by  the 
Laws  of  this  Government,  under  the  Obedience  of  his 
Royal  Highness,  his  Heirs  and  Successors,  provided  they 
do  no  way  infringe  the  Privileges  above  specified.  Given 
under  my  Hand  and  Seal,  at  Foi't  James  in  New-  Yorl'  on 
Manhatans-Island,  the  8"'  Day  of  April  in  the  17th  Year 
of  the  Reign  of  our  Sovereign  J^ord  Chai'lesthe  Second,  by 
the  Grace  of  God,  of  I'Jnyland,  Scotland,  France  and  Ire- 
land, King,  Defender  of  the  l^'aith  iSrc  and  in  the  Year  of 
our  LoKD  (tod,  1665 

Richard  Nkolls 


Colonel  Nicolls,  Governor  of  Neio   Yorl',  to  the  Duke  of 

York. 

[From  "New  York  Colouial  Documents."  Vol.  III.,  p.  105.    No  date  given.) 

{Fragment.']  I  must  now  descend  to  the  particular  occa- 
sion of  giving  Your  R  II  this  trouble,  wherein  Mv  L*^ 
Berkel}^  and  S''  G.  Carterett  are  concerii'd,  who,  (I  know 
also)  will  be  so  just  to  nice  as  to  have  mee  excused  for 
manifesting  clearly  my  knowledge  to  Your  R'  H*.     About 


16G5]  GOV.    NICOLLS    TO    DUKE   OF    YORK.  4Y 

10  dales  past  Cap :  Bollen  shews  mee  a  letter  from  mv 
L'^  Berkeley  and  S*"  G.  Carterett  and  therewith  a  grant  from 
Your  W  ff  to  them  for  all  tlie  lands  to  the  West  of  tlie 
Hudsong  River  as  more  fnlly  may  appeare  in  the  said 
grannt,  wherein  is  comprehended  all  the  improveable  part 
of  Your  R'  ff  his  Pattent  and  capable  to  receive  twenty 
times  more  people  than  Long  Island  and  all  the  remaining 
Tracts  in  Your  li'  IP  his  patent  in  respect  not  onely  to  the 
quantity  of  the  Land  but  to  the  sea  Coast  and  Delaware 
River  the  fertility  of  the  soyle  the  neighborhood  to  Ilud- 
sons  River,  and  lastly  the  faire  hopes  of  Rich  mines,  to  the 
utter  discouragement  of  any  that  shall  desire  to  live  under 
Your  R'  ff  his  protection.  In  short,  I  hold  myself  obliged 
to  give  Your  R'  ff  this  account  upon  certaine  knowledge 
having  exactly  considered  and  preferred  the  advance  of 
Your  R'  H^  his  reputation  and  interest  in  these  parts  above 
all  considerations  or  obligations  whatsoever,  and  for  my 
boldnesse  I  can  at  last  but  begg  pardon.  JSTeither  can  I 
suppose  that  My  Lord  Berkeley  or  Sir  G.  Carterett  know 
liow  prejudiciall  sucli  a  graunt  would  prove  to  Your  R'  II\ 
but  I  must  charge  it  upon  Cap*  Scott  who  was  borne  to 
make  mischiefe  as  farre  as  hee  is  credited  or  his  parts  serve 
him.  This  Scot  (it  seems)  aim'd  at  the  same  patent  which 
Your  R'  ff  hath,  and  hath  since  given  words  out  that  hee 
had  injury  done  him  by  Your  R.  H',  Avhereupon  he  con- 
triv'd  and  betrayed  my  L''  Bei-keley  and  Sir  G.  Carterett 
into  a  designe  (contrary  to  their  knowledge)  of  ruining  all 
the  liopes  of  increase  in  this  Your  R.  IP  his  territory, 
which  hee  hath  fully  compleated,  unless  Your  R^  It  take 
farther  order  herein.  I^pon  this  tract  of  land  several  new 
purchases  are  made  from  the  Indians  since  my  coming, 
and  three  Townes  beginning;  I  gave  it  the  name  of 
Albania,  lying  on  the  west  of  Hudsons  River,  and  to  long 
Island  the  name  of  Yorkesh""  as  to  this  place,  the  name  of 
N.  Yorke  to  comprehend  all  the  titles  of  Your  R  H^ 
Farre  be  it  from  mee  to  aggrivate  any  thing  beyond  the 
bounds  of  a  faithf uU   servant,   for  when   it  may  conduct 


4:8  NEW  JERSEY  COLONIAL  DOCUMENTS.       [1065 

most  to  Yonr  R.  II.  his  service,  I  shall  as  freely  surrender 
up  all  parts  to  Your  R.  11"  his  pleasure  as  it  becomes  me 
to  doe.  I  presume  farther  to  propose  a  Letter  and  a  more 
entire  tract  of  Land  worthy  of  i^reat  consideration  to  My 
L''  Berkeley  and  Sir  G.  Carterett,  which  is  that  part  of 
Delaware  River,  which  is  reduct  from  the  Dutch,  if  it  is 
not  already  disposd,  if  soe  than  that  my  L^  B  &  S"".  G.  C. 
may  have  a  hundred  thousand  acres  all  along  the  sea  coast, 
which  is  a  most  nohle  Tract  of  land,  but  it  will  cost  them 
20,000  lb  before  it  will  yield  a  penny,  and  their  childrens 
children  may  reap  the  prufitt,  great  have  beene  the  abuses 
of  false  reports,  whereof  I  am  now  fully  satisfied,  and  yet 
I  hope  to  render  a  satisfactory  account  to  Your  R.  H"  by 
word  of  mouth,  when  it  shall  please  Your  R.  IP  to  give 
mee  Liberty,  and  that  your  affaires  heere  are  upon  such 
a  foundation  as  will  not  be  shaken  by  my  absence,  for  the 
present  so  it  is  that  every  short  removall  of  mine  produces 
ill  Effects,  and  in  plaine  words  the  Towne  &  Country  cr^' 
out  they  will  leave  their  dwellings  if  they  can  not  stay  mee 
from  going  to  Boston,  such  are  their  apprehensions  of  a 
Dutch,  invasion. 


Oaths  of  Allegiance,  Taken  1665-1GG8. 

[From  "  East  Jersey  Records,"  Vol.  II.,  l)ack  of  Liber  3.] 

The  C)ath  of  Alogoance  taken  by  the  Inhabitants  of 
Bergen  and  in  the  Jurisdiction  thereof  Beginning  the  22 
November  1065. 

You  doe  Sweare  up(»n  the  holy  Evangelist  Contained  in 
this  book  to  bare  true  faith  and  Alegeance  to  our  Sou" 
Lord  Kirnj;  Charles  the  Second  and  his  LawfuU  Successors 


1665] 


OATHS    OF    ALLEGIANCE. 


49 


and  to  be  true  and  Faithfnll  to  the  Lords  Proprietors  and 
their  successors  and  the  Government  of  this  Province  of 
New  Jersey  as  Long  as  you  shall  Continue  a  Freeholder 
and  an  Inhabitant  under  the  Same  without  any  Equivoca- 
tion or  men  tall  Reservation  whatsoever  and  so  help  you 
God 


Nov  22,  1665. 


Bergen 


Cap''  Nicolas  Verlett 
Herman  Smeeman 
Gasper  Stenmetts 
Elias  Mitchelsen 
Ider  Cornellissen 
Hans  Diedrect 


Hendrick  Tunnisen 
Adolph  Hardenbrook 
Geart  Garretsen 
Benthal  Lot 
Christian  Pietersen 
Thomas  Fredericksen 


Justice 

Magisf 

Ditto 

Ditto 

Ditto 

Constable 

Tynemant  Van  Vleckt    Town  Clarke    Cornellis  Abrahams 
Cap*^  Adrian  Post  Ensign       Herman  Edwards 

Jacob  Lieby  Herman  Court 

Arent  Lawrence  Renier  Yan  Giesen 

Jdii  Scrutall  Jan  Eversen  Casabon 

Engelbert  Steenhuis  Joas  Yand^  Lynde 

Pieter  Jansen  Garrett  Garretsen 

Lawrence  Andries  Claes  Arentseu 

Derrick  Tunisen  Lawrence  Arentsen 

Douwe  Ilarmensen  Isaac  Yan  Uleck  [Vleck.] 

L^  Paules  Pietersen 


The  Oath  of  Aleagance  and  Fidelity  taken  by  the  Inhab- 
itants of  Elizabeth  Town  under  the  Jurisdiction  thereof 
beginning;  the  Id^^  Feb.  1665 


You  doe  Sweare  upon  the  Holy  Evangelist  Contained  in 
this  Book  to  bare  true  faith  and  Allegeance  to  our  Sove- 
raine  Lord  King  Charles  the  Second  and  his  LawfuU 
Successors  and  to  be  true  and  faithfull  to  the  Lords  Pro- 
prietors their  successors  and  the  Govermen*of  this  Province 
of  New  Jarsey  as  Long  as  you  shall  Continue  an  Inhab- 


50 


NEW    JERSEY    COLONIAL    DOCUMENTS. 


[1665 


itant  viider  the  Same  without  any  E(|uivocation  or  Mentall 
liuservation  whatsoever  ami  so  help  you  God 


Mr  John  Ogden  Seui" 
Capt^  Tho>*  Young 
Michall  Siuipkin 
Abraham  Shotwell 
Thos  SkiUman 
John  Woodroffe 
Thomas  Leonards 
Jonas  Wood 
Jacob  Claes 
llodrick  Powell 
Luke  Watson 
Stephen  Crane 
Joakiui  Andries 
John  Waynes  Wayne 
Jacob  MouUains 
William  Johnson 
John  Gray 
Nicholas  Carter 
Thomas  Pope 
W'n  Cramer 
Barnabas  Wines 
Tho**  Tomson 
Nathi  Tuttle 
llob^  Mosse 
Peter  Mosso 
Wm  Trotter 
Evan  Salsbury 


Elizaukthtown 

George  Packe 
Thomas  More 
Samuel  Marsh 
Mones  Petersen 
John  Haynes 
Caleb  Carwithyer 
W'"  Olliver 
Humphrey  Spinage 
Joseph  Phrase 
Zackery  Graves 
Peter  Wooluersou 
Charles  Tucker 
BenjQ  Homan 
Jeffry  Joanes 
Christopher  Young 
Jeremy  Osbourne 
John  Dickinson  Dead 
Dennis  White 
John  Ogden  Jun»" 
David  Ogden 
Robert  Vauquellin 
Benjamin  Price 
Ben:  Coucklin 
llobert  Bend 
Joseph  Bond 
Moses  Thompson 
Joseph  Osbume 


John  Brackett  Sen"" 
William  Meaker 
Isaac  Whitehead 
Nathaniel  Bunnell 
Mathias  Heathfield 
Jonathan  Ogden 
Levaud  Headley 
John  Parker 
Daniel  Harris 
llichard  Paynter 
Francis  Barber 


An°  1651  ^ 
The  Oath  of  Alegcance  and  Fidelitie  taken  by  the  Inhabit- 
ants of  Woodbridge  Beginning  the  27"'  day  of  February  16^^ 

M''  John  Pike  Henry  Lesenby 

Tho*  lUunitield  John  Freeman 

Samuel  More  ^             Henry  Jacjues  J'" 

John  Smith  John  Bisliop  Jun"" 

Hugh  March  Nathan  Webster 

(jeorge  March  Elisha  Elsley 

Mamadukc  Potter 


1668]  OATHS  OF  ALLEGIANCE.  51 

The  Oath  of  Aleagance  taken  by  the  Inhabitants  of  Nave- 
sink 

Christoplier  Ahny  Sam'  Shaddock 

Nicholas  Browne  John  Havens 

Joseph  Parker  John  Hall 

Francis  Master  Abra'"  I'rown 

Joseph  Hnit  George  Cheete 

Tho^  Wan  sick  George  Hnllett 

Edninnd  Le  Fetra  Jacob  Cole 

Robert  West  Jun''  Gabriel  Kirk 

Peter  Parker  Tlio*  Wright 

Edw*^  Patterson  Bash  Shamgnngoe 

Luis  Mattnlx  Eob'  West  Sen^ 

John  Slocnni  W"  Neunian 


The  Names  of  the  Inhabitants  of  Midletcn  npon  Nave- 
sink  that  doe.  Subscribe  to  the  Oath  of  Alegeance  to  the 
King  and  Fidelitie  to  the  Lords  Proprietors — 

And  the  Oath  is  this  that  you  and  any  of  yon  will  bare  &c 
John  Bowne 
James  Grover 


The  Names  of  those  that  have  taken  and  Subscribed  the 

Oath  of  Allegeance  to  the  King  and  Fidelitie  to  the  Lords 

Proprietors  by  the  Inhabitants  and  Freelioldcrs  upon  the 

River  Delawar 

Peter  Jegow 

Fabius  Houthout 


Letter  from  Governor  Philq)  Carteret  to  those  pur^poshuj 
a  Settlement  on  the  Delaware. 

[From  Manuscript  Answer  to  a  Bill  in  Chancery,  in  the  possossiou  of  Chailos  U. 
Winfield,  Esq.,  of  Jersey  City. 

New  York  27*.^  February  1665.^ 
Mr.  WV}  Jones  and  the  rest  of  the  undertakers  of  the 
Plantation  upon  Delaware  bay  or  River — Si'. — 

\     1CG5-C      Eu. 


52  NEW  JERSEY  COLONIAL  DOCUMENTS.       [1666 

I  liavc  received  yours  of  the  loV.'  Instant  by  Captain 
Treat  and  Mr.  Grep;ory  for  Answer  to  those  alterations  you 
liave  made  in  the  Articles  formerly  Agreed  upon ;  I  can- 
not by  any  means  consent  unto,  in  respect  that  I  have 
already  sent  them  to  the  Lords  Proprietors  for  their  Assent, 
but  if  there  be  any  words  Omitted  that  are  ap::reeing  to  the 
sense  and  right  understanding  of  the  said  Articles,  they 
shall  be  added  when  they  are  to  be  Engrossed  and  Con- 
firmed farther  by  the  Lords,  for  matter  of  appeals  that 
must  be  both  for  the  place,  and  to  what  Court  the  Gover- 
nour  Council  and  Generall  Assembly  shall  appoint :  for 
matters  of  theft,  we  must  be  Governed  by  such  Laws  as 
shall  be  luade  by  the  Generall  Assembly,  and  it  is  like  they 
may  agree  with  those  that  you  propose,  but  without  doubt 
they  Mnll  be  very  Cautious,  in  the  taking  away  of  any 
Man's  Life,  unless  there  be  a  Necessity  for  ;  for  Common- 
age there  is  Provision  made  for  that  in  the  Lords  Conces- 
sions as  you  have  here  Yerbatim.  Y'\'/}.  they  are  to  take 
care  (meaning  the  Governour  and  his  Council)  that  no 
Man  if  his  Cattle  stray,  range  or  Graze,  on  any  Ground 
within  the  said  Province  not  actually  Appropriate  or  set 
out  to  particular  Persons  shall  be  lyable  to  pay  any  Tres- 
pass for  the  same  to  us  our  heirs  tfcc  ;  Provided  that  Cus- 
tom of  Commons  be  not  thereby  pretended  to,  nor  any 
Person  hindered  from  takeing  up  and  appropriateing  any 
Lands  so  (irazed  U])on,  and  that  no  Person  do  purposely 
suffer  his  cattle  to  graze  on  such  Lands,  which  Article  I 
supjiose  will  Answer  your  Ex})ectation  concerning  that 
])articular  and  therefore  need  not  to  be  incerted  in  any 
Article  ;  the  500  Acres  Allotted  to  the  Lords  cannot  be 
altered,  it  being  a  great  deal  less  than  they  Intended  by 
their  Concessions ;  and  besides  it  being  Expresst  in  the 
Articles  sent  unto  them,  for  the  Councill  is  not  to  be 
Chosen  but  by  the  Lords  Proprietors  aiul  the  (rovernonr, 
but  Questionless  if  the  Generall  Assembly  doth  recommend 
any  able  Person  to  me.  I  may  accept  of  him.  I  referr 
you  to  Cap^  Treat  and  Mr.  Gregorys  relation  who  have 


IdGH]         LETTER  To  SETTLERS  ON  THE  DELAWARE.  5.^ 

read  the  same  in  the  Concessions,  if  any  Person  or  Persons 
shall  come  and  Inhabit  within  the  Limitts  of  your  County 
after  the  three  Years  Expired  may  have  and  enjoy  the 
same  Priviledges  'as  yon  do,  excepting  the  proportion  and 
the  benefit  they  receive  by  it,  of  Lands  by  which  they 
must  make  a  New  agreement,  but  if  they  take  up  Land  in 
any  other  C'Onnty — they  must  be  conformable  to  such  Laws 
and  Customs  as  are  there  Established,  Excepting  in  matters 
of  Judgment  and  Opinion  ;  in  Religion ;  for  the  Pur- 
chasers being  out  of  i)urse  and  the  great  Loss  they  have 
sustained  I  cannot  help  them  therein  ;  in  my  Opinion  those 
that  Settle  with  them  in  that  Tract  purchased  l)y  them, 
must  pay  toward  it,  according  to  proportion  for  the  Land 
lie  takes  up  by  Patent.  I  desire  to  have  a  Copy  of  the 
Indian  Grant,  that  I  may  know  the  Names  of  the  places 
purchased  and  the  Bounds  thereof.  I  cannot  grant  any 
Exemption  from  the  payment  of  the  ^  penny  pF.  Acre  it 
being  all  the  advantage  that  the  Lords  Proprietors  reserve 
to  themselves  and  besides  it  being  so  Inconsiderable  ;  espe- 
cially that  every  Man  pays  for  no  more  Land  than  what  he 
appropriates  to  himself  by  Patent,  that  I  shall  not  desire 
any  abatement  of  it  for  my  own  particular  ;  for  the  words 
heirs  and  Successors  in  the  Title  of  the  Articles,  shall  l)e 
Incerted.  as  also  in  the  first  and  Second  Articles. — In  the 
third  Article  not  contrary  or  agreable  to  the  Laws  of  Eng- 
land seems  to  me  one  and  the  same,  &  a  thing  Indifferent, 
as  also  the  word  alteration  without  Generall  Consent  of  the 
Ereemen  shall  be  added  in  that  and  in  the  K  >'.'.'  Article. — 

In  the  Eighth  Article  as Indifferent  Men  shall  Judge  ; 

shall  be  allowed  of  in  the  10*.!'  Article  shall  be  added,  and 
for  the  Transacting  and  ordering  all  Affairs,  and  also  in 
the  1-P-}}  Article  or  Freemen  of  the  Plantation. — f(»r  the 
IS'.?  Article  if  I  see  Occasion  and  reason  for  it  I  shall  allow 
a  larger  Extent  of  Bounds,  to  a  Town  or  City  than  is  there 
Expresst. — I  understand  it,  your  Settlement  to  be  upon 
Delaware  bay  and  liiver — for  the  fines  they  are  to  be  dis- 
posed of,  by  the  Generall  Assembly  for  the  defraying  of 


54  KEW  JERSEY   COLONIAL    DOCtMENTS.  [1C6C 

tlie  Pn1)lick  Cliarge  of  tlie  whole  Province,  and  your 
County  beinij  a  People  of"  it,  will  have  as  i^reat  a  share  as 
any  other  accordino;  to  their — dislmrsenients  for  the  Pub- 
lick  TTse,  it  is  nnderstood  in  the  7'"  Article  that  if  a  man 
Willfully  Keglects  the  recording  of  their  Grant  within  one 
years  time  and  no  otherwise — All  which  amendments  I 
do  not  doubt  bnt  will  be  to  yonr  satisfaction,  and  an 
Encouragement  to  those  that  are  to  Join  with  you  with  my 
love  to  yourself  and  your  associates  I  Ilest — 

[PniLii'  Carteret.] 


Colonel  Nicolls,  Governor  of  Neio  York,  to  Lord  Arlington. 

[From  -'New  York  Colonial  Documeuts,"  Vol.  III.,  p.  113.] 

My  Lord  \ExtraGt?\^ 

My  Lord  it  hath  pleased  Ilis  Royall  Iligh- 

ncsse  to  grant  by  indenture  to  my  Lord  Berkeley  and  S"" 
(ieorge  Carteret  (amongst  other  tracts  of  inevitable  preju- 
dice to  this  Colony)  all  the  East  side  of  Delaware  River. 
My  Inimble  coi!ccj)tion  &  certaine  knowledge  directs  me 
to  inforine  Yo""  Lo''  that  by  the  imskillfullnesse  of  the 
informers  the  West  side  of  Delaware  River  now  seated 
with  Sweeds,  Finns,  and  Dutch,  is  so  crnsh'd  between  the 
Lord  Baltimore's  Patent  on  y'^  West  side,  and  the  Lord 
Berkeley's  indenture  on  the  East,  that  the  present  inhabit- 
ants cannot  possibly  subsist  in  so  narrow  a  compasse.  \\\ 
discharge  of  my  duty  to  His  Ma"*^  I  cannot  bnt  informe 
Yo*"  Lo''  that  if  some  course  bee  not  taken  to  rectify  these 
great  mistakes,  I^ew  Yorke,  Delaware  and  the  Lord  Berke- 
ley's interest  will  destroy  each  other;  but  if  His  Ma^'*  & 
His  Iloyall  Highncsse  shall  think  fitt  to  graunt  to  the  Lord 
Berkeley  S""  George  Carteret  and  their  associates  all  that' 
tract  of  land  to  the  AVest  side  and  East  side  of  Delaware 
lliver  which  was  i-ecovered  to  His  Ma"'"'*  dominions  from 
the  hands  of  the  Burgemasters  of  Amsterdam,  Mhich  -vvas 


1666]  GOV.  CARTEftET  TO  ORATOlf.  6$ 

twenty  miles  distance  from  each  side  of  the  River,  I  make 
no  doubt  but  tliat  all  interests  will  bee  fully  preserved, 
and  both  planters  and  trade  tiourisli  in  that  &  this  Colony. 

My  Lord 

Aprill  the  9*"  [1Q6C)]  "  Yo--  LoP^  most  humble 

New  Yorke  and  most  faithful  servant 

To  the  Lord  Arlington  K.  Nicolls 


Letter  from,  Governor  Philip  Carteret  to  the  Indian  Seahem. 
Oraton,  Ilelative  to  the  Newarh  Tract. 

[From  a  copy  in  Posaessiou  of  C.  H.  Wiufleld,  Esq.,  of  Jersey  City.] 

Eliz  :  Town  the  26^?  May  16G0— 
To  Oraton — Honoured  Sachamore  according  to  our 
agreements,  in  our  last  meeting  ij  have  sent  to  you 
Cap"  Treat,  with  some  others  and  the  Interpreters  for  to 
make  an  End — Concerning  that  Parcell  of  Land,  that  we 
were  about  the  other  day,  and  ij  have  given  him  full  power 
to  act  with  you,  concerning  the  same  so  much  if  ij  was 
with  you  myself :  and  what  you  do  agree  with  him  ij  shall 
see  you  fully  and  duely  satislied  ;  and  as  we  have  been  and 
Lived  together  in  unity  and  Amity  ij  do  wish  that  it  may 
continue  it  shall  not  fail  of  my  side,  that  you  may  be  sure 
of  it,  and  you  need  not  to  question  that  it  will  prove  very 
advantageous  to  you,  and  to  the  People  under  your  Com- 
mand, and  as  for  those  Complaints  that  you  did  to  me  of 
the  abuses  done  to  you  at  the  Manhattans  ij  cannot  help 
the  same  but  you  may  be  sure  that  the  same  hath  been 
Committed  without  any  consent  or  knowledge  of  the 
Governour  and  in  the  future  this  shall  be  amended,  and  ij 
have  given  him  notice  of  it  and  ij  am  very  well  assured 
that  if  he  hath  known  the  same,  for  the  respect  that  he 
hath  for  you  he  had  not  suffered  it,  and  ij  do  promise  you 
that  if  any  Man  under  my  Command  do  wrong  you  or 
yours  upon  prove  of  it  he  shall  be  severely  Punished,  tlie 


56  l^EW   JfiRSEV   COtOlflAL   bOCtMENTS.  [1666 

same  Justice  I  do  expect  from  your  side  and  I  liope  in  a 
little  time  to  be  able  to  sup])ly  your  People  with  such 
goods  as  they  shall  have  need  of,  and  not  to  go  to  them 
places  where  they  receive  affronts ;  in  a  sliort  time  I  shall 
take  an  Oecat^ion  to  give  you  a  \'isit  in  the  mean  while  I 
remain,  Are. 


Letter  from    Governor  I'liilij)  Carteret  to  Captdin-s  Pod 
and  Cornt'lia.^^  Interpreters. 

I  From  a  copy  in  the  Possession  of  ('.  H.  Winfleld,  Esq.,  of  Jersey  City,  j 

Eliz.  ToM-n  the  SG^.l"  May  1660— 

Capt.  Post  and  Cornelius — 

This  letter  to  accompany  Cap.^  Treat  and  some  of  his 
Company  they  are  going  to  Jlackinsack  to  ()i-aton,  there- 
fore so  as  you  have  beginned  ij  pray  you  to  Continue,  and 
to  go  long  with  tliem  to  said  Oraton  and  to  Interpret  my 
Letter  that  I  have  written  to  him  likewise  to  help  the  said 
Cap*  Treat  for  to  bring  the  Bargain  of  the  Land  concerned 
to  a  period,  the  same  being  ended  you  shall  bring  Oraton 
and  the  Owner  or  at  least  the  Owners  of  the  said  Land 
with  you  ;  and  to  View  the  said  Land,  and  to  j)ut  the 
Limitts — according  the  use  and  youi-  best  Judgment  not 
more  at  the  present  I  do  remain. — 


P  roctamathin  of  iitreernor   Cartent^  Call  no/  tlo   hird 
Axsinit)!  I/. 

I  From  "  East  .Tersey  Kecorilc,"  Liber  :J,  p.  13. 1 

Whereas  by  the  Infinite  Goodness,  providence  and  bless- 
ing of  Almighty  (iod  this  P'"uince  of  New  Jersey  is  in  a 
proba1)leway  of  being  populated  there  being  a  ('onsiderable 
number  of  families  already  settled  in  severall  parts  of  the 


1668]  FIRST   ASSEMBLY   CALtEl).  57 

same  and  many 'more  that  in  a  short  tyme  are  to  Come  & 

j)lace  themselves  vnd''  this  Gouernment,  for  the  better  prop 

agating  and  Incouragement  thereof  I  have  thought  lit  with 

the  advice  of  my  Councell  to  appoint  a  Generall  Assembly 

to  begin  the  XXV^**  day  of  May  next  Ensuing  the  date 

iiereof,  for  the  making  and   Constituting  such  whulsome 

Lawes  as  shall  be  most  needfnll  and  Necessary  for  the  good 

gouernment  of  the  said  Frouince,  &  the  maintayning  of  a 

religious  Communion  &  ciiwl  society  one  w'"  the  other  as 

becometh    Christians  w*''ont  which  it  Vmposible  for  any 

boddy  Politicq  to  prosper  or  subsist.      W/if^r^'fo/'e  Tliese 

are  in  tlie  Lords  Proprieto''*  Names  to  Will  and  Recpiire 

all  the  freeholders  belonging  to  To 

make  Choice  and  appoint  Two  able  men  that  ai-e  freeholders 

and  dwellers  W-^n  the  said  Limits  to  be  your  Burgesses  and 

Representatives  for  you,  And  they  being  Impowered  by 

yon  are  to  make  their  personall  appearance  at  Elizabeth- 

towne  the  25"'  day  of  May  next  as  aforesaid  &  there  to 

Joine  W"'  me  your  Gouerner  &  my  Councell  to  advise  in 

the  Manasrement  of  the  affaires  that  are  needfuU  and  Neces- 

sary  for  tlie  Orderly  &  AVell  Gouerning  of  the  said  Prouince 

hereof  you  may  not  faile  as  You  and  Every  of  You  Will 

answere  your  Contempt  to  the  Contrary.     Given  Vnd*"  the 

scale  of  the  Prouince  tlie  seaunth  day  of  Aprill  1668  and 

in  the  XX  yeare  of   the   lieign  of   On""  Souereign  Lord 

Charles  the  Second  of  England,  Scotland,  France  &  Ireland 

King,  Defend""  of  the  Faitli  tfcc. 

Ph.  Carteret, 


Sam.uel  Maveviche,'^   to  Lord  Arlington. 

[From  "Kew  York  Cokniial    Dooiiments,"    Vol.  III.,  p.   174.] 

New  Yorke  in  America 
Right  IIon"^''-  August  25*"  1668 

[Extract^ Shortly  after  y''  reduceing  of 

these  parts  from  under  the  Dutch  to  his  Ma"^'  obedience, 

1  One  of  the  Royal  Commissioners  to  New  Englaud,  &c.    Ed. 


58  NEW   JERSeV   COtONtAL   DOCUMENTS.  [lC6S 

the  Lord  Jii''  Berkeley  and  Sir  George  Carterett  sent  over 
hither  to  take  possession  of  a  certain  tract  of  land  granted 
to  them  by  His  Royal  Highness  out  of  his  patent,  wliich 
liatU  proved  very  prejndiciall  to  this  place  and  govern- 
ment. Their  Bonnds  reach  from  the  East  side  of  Dela- 
ware E.iver  to  the  West  side  of  Ilndsons  River  includeing  a 
vast  tract  of  the  most  im])roveablest  land  within  His  Royall 
Highnes  his  patent.  It  hath  taken  away  some  Dutch  vil- 
lages formerly  belonging  to  thfs  place  and  not  above  three 
or  fonre  miles  from  it :  the  Dnke  hath  left  of  his  patent 
nothing  to  the  West  of  New  Yorke,  and  to  the  East  npon 
the  Mayne  about  sixten  miles  only  from  Hudsons  River 
whereon  is  but  one  poore  village,  Long  Island  is  very  poore 
and  inconsiderable,  and  beside  tlie  Citty  there  are  but  two 
Dutch  townes  more,  Sopus  and  Albany,  which  lye  up 
North  on  Hudsons  river.  I  supjiose  wlien  y*  Lord  Berke- 
ley had  that  grant,  it  was  not  thought  he  should  come  so 
neare  this  place,  nor  were  y*^  inconveniencyes  of  it  known 
or  considered. 

I  shall  not  trouble  yo"'  Lord'^  with  further  relation  of 
matters  here,  since  Coll  Nicolls  can  give  you  full  and 
particular  satisfaction  l>oth  in  this  or  any  thing  else  relatc- 

ing  to  these  ]>arts 

Your  Lords"* 

Most  humble  servant 

Samuki.   MaVERK'KE 


Pi'oclamation  of  the  Gmernw  and  Qmncil  Helathie  io  the 
Inhdhitants  of  MhJdletmim  and  jShrewsltfri/. 

[From  "  East  Jersey  KccotcIs,"  Vol.  II.,  I,iber  3,  p.  24  ] 

Prohil)itioTi  for  those  at  Navesinks  to  bare  any  office  or 
have  any  A'^ote  in  Election  till  they  have  taken  the  Ooath — 

Whereas  by  the  Lords  Proprietors  Concessions  no  person 
or  persons  are  to  be  admitted  as  a  Freed  man  or  Freholders 


16C9]  MIDDLETOWN  AlJt)  ^ttREWSBUHY.  59 

of  this  Province  of  New  Jersey  or  to  have  or  In  joy  the  Pri  v- 
illedges  granted  hy  the  said  Concessions  nntill  tliey  liave 
taken  or  snbscribed  to  the  Oath  of  ALaegance  to  our  Sover- 
aign  Lord  the  King  and  his  Successors  and  to  be  true  and 
faithfull  to  the  Interest  of  the  Lords  Proprietors  tlieir  heircs 
and  successors  it  is  tliis  day  Ordered  by  the  Govern'"  and 
his  Councell  that  from  henceforth  no  person  or  persons 
within  the  Townes  of  Midleton  &  Shrewsbury  and  phices 
Adjacent  Shall  have  any  Authority  or  power  to  bare  any 
Office  in  an}^  Military  or  Civil  Affairs  nor  to  have  any 
Vote  in  Election  or  publick  business,  untill  they  have  taken 
the  said  Oath  of  Alegiance  to  the  King  and  Fidelity  to  tlie 
Lords  Proprietors,  upon  the  penalty  of  being  j)roceeded 
against  as  Mutineers  against  the  Authority  of  this  Govern- 
ment, and  the  Disturbers  of  the  Publick  Peace  and  that 
all  persons  may  take  Notice  hereof  M""  Peter  Parker  the 
swOrne  Constable  of  Shrewsbury  is  hereby  required  to  Pub- 
lish this  our  Order  in  both  the  aforesaid  Townes  vfe  to  fix  a 
Copie  of  the  Same  in  some  publicq  place  or  places  where  it 
may  be  Seen  and  Read,  &  to  take  Notice  with  good  Suffi- 
cient Witness  in  Writing,  when  it  was  published.  Given 
under  the  Scale  of  the  Province  the  first  day  of  March 
1668,*  and  in  the  one  and  twentieth  yeare  of  His  Majesties 
Raigne  King  Charles  the  Second  &c  By  Order  of  tlie 
Governo''  &  Councell. 

Jas.  Bollen,  Pres* 


Warratif  for  the  Navesinh  Men   to  Produce   the    Lav\<i 
and  to  PuhJifth  them. 

[From  "  East  Jersey  Records,"  Liber  3,  p.  25.] 

WuEREAs  there  Was  a  boddy  of  Lawes  made  l)y  the 
Generall  assembly  barring  date  the  30"'  May  and  anotlier 
past  the  7  Nov'"  last  the  captions  Whereof  Where  sent  to 

1  1G68-9.     El). 


60 


NEW  .tkRseV  coLoiJiAt  Documents. 


[1C.69 


tlie  Towns  of  Shrewsbury  and  Midleton  and  as  I  am  In- 
formed are  by  some  disaffected  p'sons  Concealed  and  not 
pnlib'shed  Wlierefore  these  are.  to  Will  and  Eecpiire  yon  to 
demande  the  said  Lawes  In  Whose  hands  or  Custodie  So 
ever  thev  are  and  In  Case  of  Refnsall  to  take  them  by  force 
and  the  same  to  pnblish  in  both  the  said  Townes  of  Slirews- 
l)nry  and  Midleton,  hereby  re<|nirin<i:  all  p'sons  to  be  Ayd- 
int*-  and  Asisting  to  yon  in  the  Kxecntiun  of  yo'"(»ftice  6z  for 
Yon  so  dointj;  this  shall  be  yo' sutHcient  Warrant,  (riaen 
\\nV  mv  hand  and  Scale  the  first  day  of  JVrarch  l(;r»8  * 


T(.  W  Pi-.TEK  Parkkr  Constable  of  Shrewsbury 


1  1668-9 


1669]  WARRANT    RELATING    TO    MIDDLETOWN.  61 


Wamdit  from  (iotsrnor  ('((ii(  ret,  ]it<iuiraig  flu  Surrender 
of  a  Paper,  In  the  Ilaiidx  of  some  Ind'ii'UJaal  of  Mld- 
dletoicn. 

[From  "East  Jersey  Records,"  Liber  3,  p.  25.  | 

A  Warrant  to  Re(|iiire  a  paper  signed  by  the  In- 
habitants of  Midleton  ag*  the  Lawes 

TJiese  are  by  the  advice  of  my  Couucell  to  Require  You 
to  (leinaiide  a  certaine  paper  Subscribed  by  the  Inhabitants 
of  Midleton  Concerneing  the  Oposition  of  the  Lawes  in 
Whose  liands  or  Custodie  Soever  it  Is  in  and  in  Case  of 
Refusall  to  take  it  by  force  and  to  Conway  or  bring  the 
same  vnto  me  and  my  Couucell  Recpiiring  all  p''sons  to  be 
ay  ding  and  assisting  Vnto  you  in  the  Executing  of  this 
Ord''  and  for  yo''  so  doing  this  shall  bee  Your  sufficient 
Warrant  ;  Given  Vud*"  my  hand  and  Scale  the  tirst  day  of 
March  1 668.1 

To  M""  Peter  Parker  Constable  [Pii  Carteret] 

of  Shrewsbury 


Gocernor  Carirrdto  Surt'ei/or  Genered  VadquiUln. 

[From  Woodbriilge  Town  Records.] 

To  M""  lioiiERT  Van  Quellin''*  alias  La  Prairie     Sir 

In  anserr  to  yours  of  the  8''  instant  I  doe  not  understand 
that  the  to\vne  of  Woodbridge  liatli,  any  power  to  dispose 
of  the  Lords  proprietors  Lands  without  tlier  ajirobation  ; 
and  Contrary  both  both  to  ther  laws  and  ther  own  Articles  ; 
when  it  is  thers  accordingly  to  ther  charter,  they  may  doe 
with  it  what  they  please,  till  then  it  is  at  the  Lords  pro- 
prietors disposing;  therfoie  without  any  more  serimonies 
if  there  be  any  that  are  so  contentious  and  will  not  pattent 
ther  land,  lay  it  out  to  those  that  will,  and  let  them  go  and 
look  for  land  where  they  can  gett  it ;  for  Amboy  I  won- 

1     1668-9.  2    Yanqnilliu.     Ep, 


62  NEW   JERSEY   COLONIAL    DOCUMENTS.  [1670 

der  M""  Pere  [Pierce]  should  be  so  unadvised  as  to  s]>eak 
any  more  Concerning  itt ;  lie  knows  it  was  reserved  for  the 
lords  in  lew  of  the  seventh  purtt,  therefore  may  sett  his 
hartt  at  rest,  for  that  he  shall  never  have,  and  if  he  will  not 
])attent  that  land  that  is  allotted  for  him,  you. may  lay  it 
out  amongst  the  rest,  to  those  that  will,  I  was  absent  when 
several  of  your  towne  brought  Corne  which  Champine  did 
reseve  but  uot  upon  Accop''  of  Ilcnt  do  to  the  Lords ;  he 
hath  kept  an  Exact  Accop"^  of  what  he  hath  reseved  from 
every  particidar  man  which  I  will  be  accomptable  for  and 
will  give  110  reseit  to  any  of  them  upon  Accop*  of  Rent,  but 
to  those  that  have  pattented  ther  lands,  therefore  tlie  policy 
in  that  will  faile  them. 

For  the  Piscataway  men  ther  dividing  of  ther  meados 
and  land  without  order  will  signifie  nothing  for  I  am  about 
to  pattent  ther  land  to  particular  persons  which  will  be  glad 
to  have  it  upon  the  same  conditions  they  might  have  had 
itt,  and  to  turne  them  out  of  the  contrey ;  and  then  lett 
them  go  into  ingland ;  and  disput  it  in  law  with  the  Lords 
proprietors  who  hath  the  greatest  interest.  I  have  not 
more  att  present  but  that  I  am 

Sir  y  Assured  friend 

4  Aprill  1670  Philip  Carteret 

[Appended  to  this  was  the  warrant  authorizing  the  Sur- 
veyor General  to  survey  the  meadows  and  lands  irrespec- 
tive of  the  claims  of  those  who  would  not  take  out  patents.] 


Order  from  Governor  Carteret  Enlarging  the  Author'dij  of 
the  Court  at  Woodhridge. 

[From  "East  Jersey  llecordf!,"  Libor  3,  p.  36.] 

Order  for  the  Court  of  Woodbridge  to  try  all  Causes 
OUT  OF  their  Jurisdiction  that  shall  be  brought 
before  them. 

Whereas  there  Is  no  Court  of  Jurisdiction  Established 
Within   this  province  but  for  the  Townes  of  Bergen  & 


1670]  COURT   AT    AVOODBRIDGE.  63 

Woodbridge  Whereby  any  Actions  of  debt  or  otherwise 
Can  be  Lawfully  tryed  according  to  Law,  1  liave  thonglit 
Fitt  for  the  mere  Ease  and  Conveniency  of  the  Inhabitants 
of  the  said  pronince  to  appoint  Eyther  of  the  said  Courts 
t71iich  shall  be  the  Nearest  Adjacent  to  the  parties  Com- 
plainants to  have  all  sucli  Causes  Tried  by  Eyther  of  the 
said  Courts  as  shall  be  directed  vnto  them  by  Warrant 
Eyther  from  my  selfe  or  by  the  Justices  of  peace  In  Core- 
ham  or  Eyther  of  them.  These  are  therefore  to  Will  and 
Request  you  M""  Peter  Parker  Justice  of  the  Peace  and 
president  of  the  said  Court  of  Woodl)ridge  and  Your 
Assistants  to  take  Cognizance  of  all  such  Causes  that  shall 
be  directed  and  brought  before  you  betweene  party  and 
party.  Or  other  Wise  as  aforesaid,  although  any  Articles  or 
Limitations  by  your  Charter  to  the  Contrary  Not  With- 
standing and  for  Your  so  doing  This  shall  be  your  suffi- 
cient Warrant  durantum  placeter.  Given  Vnd'"  my  hand 
and  Scale  of  the  Pronince  the  20^^  day  of  Octob'"  1670 

Pii  Carteret. 


Governor  Carteret  to  the  People  of  Woodhrklge. 

[From  Woodbridge  Town  Records.] 

To  JVP  John  Pike  Justice  of  Peace  and  President  of  the 
Cort  att  Woodbridge,  his  Assistants,  and  to  all  other 
the  well  affected  persons  of  that  Corporation  or  whom 
it  may  Concerne,  greeting  : — 

Whereas  I  have  Reseved  information  that  ther  arc  seve- 
rall  persons  which  you  have  Admitted  to  have  ther  voices 
in  y®  towne  metings,  that  have  not  any  Land  Surveyed  and 
pattented  according  to  theire  Articles  and  the  tenner  of  the 
Charter  granted  to  your  Corporation,  But  on  the  Contrary 
in  Contempt  doe  AVilfully  neglact  the  same,  against  the 
Lords  Proprietors  Authority,  and  to  tlie  prejudic  and 
hindrance   of  all  other  honest   minded  men,  as  also  the 


64  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1670 

indangerinij;  of  tlie  breach  of  your  Charter  hy  y*"  suftiring 
of  sucli  lualigiiaiit  Sjiirits  to  live  amongst  yon,  or  to  have 
anything  to  doe  in  yonr  publick  afairs,  for  tlie  preventing 
M^iereof  I  have  thought  good  by  tlie  advise  of  my  Counsell 
to  signify  this  unto  yon  ;  That  all  snch  persons  that  are  not 
eonformeable  to  the  Tenner  of  your  Charter,  and  that  have 
not  pattented  ther  lands  accordingly  are  not  from  this  day 
forward  to  Accompted  as  freholders,  and  by  Concicpience 
are  not  to  have  any  ofice  whatsoever  ;  nor  to  have  any  vote 
or  voice  in  your  towne  metings  u])on  any  publick  business 
whatsoever  ;  nor  yett  to  in  joy  any  lands  within  the  bounds 
of  yonr  Corporation  ;  but  shal  and  may  be  lawfull  for  you 
to  dispose  of  those  Lands  intended  for  them  for  the  other 
persons  that  will  be  ol)edient  or  submit  themselves  to  the 
laws  and  government  of  the  province  according  to  the 
Lords  Proprietors  Concesions  and  the  tenner  of  your  Char- 
ter ;  which  I  doe  hereby  promise  to  continue,  and  in  defalt 
hereof  on  your  partes  I  shall  prosede  to  dispose  of  the  said 
lands  and  tenements,  Acccording  to  the  tenner  of  your  Char- 
ter mentioned  in  the  second  Article  ;  given  under  my  hand 
and  scale  of  the  province  the  25  day  of  ( X'f  Ano  1670,  and 
in  the  too  and  twentieth  yere  of  his  ma"^'*"**  Raine  &c 

Philip  Cakteret 


Proceeduxjs    A>j(in),st     ]\  tUldm    Ilackitt,    i'a^Aum    of  the 
iSloitp   I ndi'iU'oi'. 

I  From  "  East  Jersey  Records,''  Deeds,  Liber  3,  pp.  75-77. J 

Record  of  Proceedincjs  against  William  Hackett,  Master 
vfc  Comand''  of  the  Sloop  called  the  Indcavor  of  Salsbery  in 
the  Countey  of  Norfolk  In  New  England,  (as  IfolloAveth.) 

The  Governo*'*  Warrant 

Wheras  a  certain  Vessell  or  Ship  hath  lately  come  into 
this  Province  and  hath  at  Woodbridge  bine  unloaden  cfe 
loaden  contrary  to  an  Act  of  Parliam^  Intituled  An  Act 


1C71]  PROCEEDINGS  AOATNST  WM.  flACKETT.  Cut 

for  the  Iiiconrageineiit  of  trade ;  And  that  the  Master  of 
the  said  Vessell  or  Ship  liath  not  w"'in  the  tynie  specetied 
In  the  said  Act  Given  Inventory  of  the  Goods  &  loading 
of  the  said  vessell :  These  are  in  his  Maiesties  name  to  Will 
&  Reqnire  jon  forthw"'  to  make  seisnre  of  the  said  Vessell 
till  tyme  convenient  for  the  tryall  &  hir  to  Detaine  & 
Keep  for  his  Maiesties  nse  ;  And  to  observe  ord"?*  from  mee, 
concerning  the  same.  And  hereof  you  may  not  faile  as 
you  will  answer  the  contrary  at  yoV  perrill : 

Given  und'  my  hand  the  fifteenth   Day  of  May  Anno 
Dom.  16  71. 

Signed  by  the  Governo'" 
To  Claude  Yallot,  Phillip  Cakterett 

Richard  Skinner 

William  Jones  &  Richard  Michell. 


May  16^*^  1671 

Att  a  speciall  courte  held  att  Elizabeth  Towne  in  the 
Province  of  New  Jarsey  by  Com'ission  from  the  liono^.'^ 
Phillip  Carterett  Es(|r  Governo"'  of  the  said  Province  und'.' 
the  Lords  Proprietors  were  p^snt  In  Com'ission  :  Cap^  W'" 
Samford  President,  Mr  Robert  Vauquellim ;  M!"  Robert 
Treat  Mr  W?  Pardon :  the  Com'ission  was  read  Before 
whome  were  called  Phillip  Carterett  Esq'"  Governor  of  the 
Province  of  j^ew  Jarsey  in  the  behalfe  of  his  maiestie 
Charles  the  Second  pit :  And  William  Ilackett  Master  & 
Comand''  of  the  Sloop  called  the  Indeavor  of  Salssbery  in 
the  Countey  of  Norfolk  in  New  England  Defend^.  The 
Jury  being  impaneled  cV:  sworne  were  Beniamin  Price  fore- 
man, Nicholas  Carter,  William  Pyles  George  Ross,  Barna- 
bas Wynd,  Nathaniell  Bon'ell  Mathias  Hetfeild  John  Wyn- 
ings,  W".'   Oliiver,    Stephin    Osbiirne,   W'"  Meakcr,  John 

Woodroff. 

The  Oath. 

You  shall  well  &  truly  try  all  sucli  Action  or  Actions  as 
shall  bee  delivered  to  yoii  by  this  CJourt  &  a  true  A:  pfect 
Yerdiet  thereof  Returne  according  to  vo'.' Evidence  :  vo'.'  owne 


or*  NKW    .IKKSKY    C'OLOXIAI.    lux  IMKNTii.  [lOTl 

c%  ffellowes  Councills  you  sliall  well  &  truly  kee])  uiitill  the 
same  hee  Demanded  in  oj)eri  Court.  Site  lielj)  you  (tod  iS: 
tlie  Contents  of  tliis  book. 

Tlie  Plaintiff  Declareth  against  the  Defend!  Tn  the  be- 
lialfe  of  liis  Maiestie  In  an  Action  of  the  Case;  for  that  hee 
the  Defend!^  haveing  noe  Regard  to  tlie  observation  &  Keep- 
ing his  maiesties  laws  made,  And  by  Act  of  ]*arliam^  passed 
in  the  tifteenth  yeare  of  his  Maiesties  Raigne  but  contrary 
thereunto  hath  presumed  to  come  into  this  J*rovince  w'** 
his  Sloop  &  there  eontinnued  for  the  space  of  eight  or  tenn 
Dayes  or  more,  unloding  A;  Loading  his  said  \'essell  or 
Sloop,  never  making  any  Entry  of  his  said  N'essell  or 
(roods,  all  yv''^  is  contrary  to  Lawe  A:  for  which  by  Act  of 
I*arliam^  the  said  \^essell  or  Slooj)  being  now  seized  by  the 
Plaintiff  for  the  King  is  forfeited  w"' hir  Loading,  (lunns, , 
tackle  fnrniture,  Amunitiou  A:  aparrellto  bee  dis])osed  oft" 
as  In  the  hiAV  p'vissicm  is  made,  foi-  all  w'"''  the  Playntift' 
brings  his  Action  A:  (h-a\eth  .ludgeni!  of  this  Court. 

The  Defend!  pleadctli  not  guilty  of  the  Declaration, 
Evidence  being  taken  the  Jury  haveing  heard  the  pleas, 
Went  forth :  <Sc  upon  a  second  ct  third  goeing  forth  De- 
clared to  the  Court  that  the  matter  committed  to  them  is  of 
too  great  waight  for  them.  And  Desires  the  Court  to  make 
choice  of  other  Jurymen,  Whereupon  the  C(nii't  Adiourned 
till  fui'ther  order. 

May  18^''  1671. 

The  Court  satt  againe  A:  a  new  Jeui-y  Kmjtanncld.  Cap! 
Nathanill  Sayle  foreman.  Mi"  Samuell  Hopkins,  Mr  John 
Pisho])  M!"  Samuell  Ilayle,  Cap'  Tiiomas  Young.  M!"  Jona- 
than Dunham,  M""  William  Douglass,  M!"  Lawrence  An- 
dreas, M!"Hanse  Didrick,  Cap*  Adrian  Poste  Mr  John  Perry 
Jun!"  M!"  Mathew  Punn,  the  case  was  pleaded  upo'  the 
Declaration.  Wittnesses  sworn  :  The  Oath. — You  shall 
well  and  truly  try  all  such  action  or  actions  as  shall  bee 
Delivered  to  you  by  this  Court  S:  a  true  cVr  pfect  verdict 


lOYl]  PftOCtiEDIi^GS    AOAlSrsT    WM.    ilACKE'I't.  C7 

therof  returne  according  to  yoT  Evidence  :  yoV  owne  &  fel- 
lowes  Conncille  you  sliall  well  and  trnlv  Keej)  until  1  tlie 
same  bee  demanded  in  open  Court.  Soe  help  you  God  & 
the  Contents  of  tliis  book. 

The  Declaration. 

Phillip  Carterett  Esq""  Governo"'  of  the  Pi-ovinee  of  New 
Jarsey  in  the  behalfe  of  his  maiestie  Charles  the  Second 
plaintiff :  M^  William  Hackett  Master  aiid  Conrandi"  of  a 
Sloop  called  the  Indeavor  of  Salsbery  in  the  County  of 
Essex  in  Ncm'  England  Deft'endl' :  The  Plaintiff  Declareth 
against  the  Defendant  in  behalfe  of  his  Maiesty  in  an 
Action  of  the  Case  ;  for  that  hee  the  Defendant  haveing 
no  regard  to  the  observation  and  keeping  his  Maiesties 
Lawes  made  &  by  Act  of  Parliam^  passed  in  March  '25^'^ 
1664  :  but  Contrary  thereunto  hath  presumed  to  come  into 
the  Province  above  said  w*?*  his  Vessell  or  Sloope  &  their 
continued  the  space  of  Eight  or  tenn  Dayes  or  more,  unlad- 
ing and  Lading  his  said  Vessell  or  Sloope  never  makeing 
any  Entry  of  his  said  vessell  or  goods  all  w'"''  is  contrary  to 
Law,  and  for  w'^''  by  Act  of  Parliament  the  said  Vessel! 
or  Sloope  being  now  seized  by  the  pF.^  for  the  King  is  for- 
feitt  w'l*  hir  loading,  gunns  tackle  furniture,  Annmition  & 
Aparrell  to  bee  Disposed  of  as  in  the  Law  Provission  is 
made  for  all  \vhich  the  plaintif  brings  his  Action  and 
Craveth  Judgem*  of  this  Court, 

The  Defend^  pleads  not  guilty  of  the  Declaration,  Witt- 
nesses  were  sworne,  William  Sargeant  &  John  Bishop 
Sen'.'  whoe  gave  in  Evidence  that  the  said  W"'  Hackett 
after  his  arrivall  at  A¥oodbridge  had  notice  that  hee  should 
enter  his  vessell  w*'?'  notw'.''standing  hee  did  neglect.  Saying- 
words  that  it  was  needles, 

W™  Hackett  the  Defendant  iiinketli  ins  I'cply  as  fob 
loweth, 

1.  that  hee  the  Defend'  was  ignorant  of  any  such  act  of 
Parliam'  bynding  to  enter  vessells  in  every  port  haven  or 
harbor  when  they  shall  arrive. 


OS  NEW   JERSEY   COLONIAL   DOCtJMENTS.  [lOTl 

2.  liee  siipossetli  that  y^  said  Act  of  Parliain'  respectoth 
not  small  vessells  that  trade  on  this  Coast  from  towne  to 
towne  that  they  shall  bee  bound  to  enter  their  vessells  in 
every  towne  they  come  to  for  the  cause  of  making  that 
Law  and  the  only  End  &  intent  therof  was  for  the  advance- 
ment of  the  Kings  Custom,  &  to  prevent  fraud  c^'  Deceii)t 
therein  c*c  its  a  sure  rule  take  away  the  cause  A:  the  Efect 
Ceaseth  for  tlie  King  hath  noe  custom  or  imposition  from 
thesse  pts  nor  officers  for  such  Ends  A:  pur})oses  Established 
therfor  Arc. 

3.  the  Law  was  never  })ublished  in  this  Province  w*^l' 
maketh  it  not  to  bee  a  law  in  this  place  &  where  their  is 
not  law  their  is  not  transgression  for  although  it  bee  pub- 
lished in  all  pts  else  nntill  it  bee  published  in  this  province 
and  such  other  near  plantations  it  camiot  nor  is  not  to  bee 
a  Law  unto  them. 

4.  it  hath  not  blue  the  Custome  of  this  place  to  recpiire 
the  Entry  of  Vessells  arriving  heere  all  the  tynie  since  the 
Setleml^  of  this  i)rovince  w'"''  if  it  had  the  Defend!  should 
have  had  notice  of  it  by  other  Vessells  that  formerly  hath 
bine  heere  A:  then  hee  would  have  entered  his  vessell  as 
others  had  don,  but  there  being  noe  such  Custome  in  these 
parts  &  noe  such  law  published  the  Deift.  came  not  into 
these  parts  in  such  a  presumptions  manner  not  haveing 
regard  to  the  Obsei'vation  of  his  Maiesties  J^aws  as  the 
plaintiffe  hath  Declared  in  more  Gennerall  terms  then  hee 
is  able  to  make  apeare. 

5.  the  Deft  would  have  Entred  his  vessell  as  aforesaid 
if  there  had  bine  any  Law  oi-  Customary  practice  in  this 
place  foi"  Doeing  soe  as  well  as  Entred  his  Vessell  in  New 
Yorke  where  he  knew  it  was  the  Custome  &  Law  of  the 
place  soe  to  doe  for  the  Defend!  his  intention  was  not  to 
defraud  the  King  of  any  of  his  Custonu's  in  these  pts  by 
the  not  Entring  liis  A^essell. 

('>^y.  The  Defend*  saith  and  can  sufficiently  ])'\e  that  as 
soone  as  hee  arrived  w"'  his  vessell  to  this  porle  hee  tend- 
ered the  Entring  the  said  vessell  to  the  plaint*. 


1671]  PROCEEDINGS    AGAINST    WM.    HACKETT.  69 

7^7.  The  Defendant  acknowledgeth  that  hee  was  at 
Woodbridge  and  other  Seaport  townes  of  this  pvince  & 
Stayed  there  w'?  his  Vessell  some  dayes  and  loaded  some 
goods  there  but  possitively  Denj^eth  that  hee  did  there 
breake  any  of  his  Maiesties  Lawes  in  soe  doing  for  ther  was 
noe  Othcer  established  in  that  pt.  to  take  the  Entry  of  Ves- 
sells  by  the  plaintif  w*^!'  the  Defendant  Suposeth  the  plain- 
tif  ought  to  have  done  if  the  Said  Law  had  bine  published 
&  put  in  use  in  this  prvince. 

8'.y.  The  Defend^  alleagetli  that  his  said  Vessell  the  In- 
deavor  is  not  lawfully  arested  by  a  publick  Officer  nor 
arested  at  all  for  there  is  nor  was  not  any  broad  arrow  sett 
upo'  her  Main'Mast  nor  was  there  a  broad  arrow  sett  uj)on 
her  Deck  by  any  publick  officer  by  virtue  of  any  w^arrant 
from  the  Governor  luit  the  said  Vessell  is  stopt  by  the 
plaintiff,  liir  sailes  taken  ashore  &  men  put  on  bord,  and 
the  efect  cV:  Company  turned  out  of  hir  whereby  the  Ves- 
sell js  much  Damnified  :  Is^ow  originall  writts  being  the 
beginning  of  law  it  there  being  noe  such  writt  for  the 
Seasing  the  Defendants  Vessell  extant  nor  ever  w^as,  nor 
shee  lawfully  Arested :  the  plaintif  Doth  by  all  Law  and 
reason  faile  in  his  Suitt  &  the  Defend^  may  iustly  require 
Dam'ages  against  the  plaintiff  and  to  bear  all  the  charges  of 
the  Suit  hereby  ariseing. 

D'?'  The  Defend!'  Conceives  it  to  bee  Contrary  to  Law 
that  the  plaintiff  should  bed  as  hee  is  in  this  case  Seazer, 
informer  plaintiff  and  Judgd. 

lO'i*'.  Acts  of  Parliamt'  for  the  Licrease  of  Navigation 
and  Shipping  and  for  to  p'vent  frauds  and  Deceipt  in  his 
Maiesties  Customes  in  some  cases  gives  one  third  pte  of 
the  Seized  to  the  King  :  one  third  pte  to  the  Governo!"  the 
other  third  pte  to  the  informer,  In  Some  other  Cases  gives 
one  lialfe  to  the  King  the  other  halfe  to  the  informer  not 
to  the  Governor  thereby  implying  that  the  Governor  of 
any  respective  Countrey  cannot  be  informer  himselfe  be- 
cause hee  then  must  necessarily  bee  both  Seazer  informer 
plaintiff  &  Judge  of  a  case  of  his  owne  for  if  it  should  bee 


TO  yV.W   .1KRSEY    Cor^ONIM,    DOtTMKNTS.  [16T1 

allowefl  ul'  in  J.;iw  that  biicli  a  (luveruu!'  nii^ht  bue  infornicr 
it  is  like  many  Sliips  &  Vessells  would  bee  on  as  slight 
attempts  as  this  Seized  on  by  (Tovcrnors  fur  Lucres  sake. 

11'.''.  The  Defend'  alleageth  the  plaintiff  being  (Tuvernor 
of  this  pvinee  hath  Condemned  the  Vessell  allready  as  by 
his  Declaration  Doth  evidently  apeare  for  hee  saith  tfe  that 
j>oRKitively  that  the  said  A'essell,  is  forfeited  w^i*'  proceeding 
is  absolutly  Contrary  to  l^aw  and  cannot  but  have  great 
influence  on  them  yf  sitte  Judges  of  this  case  hee  being  the 
Governol". 

12'^.  The  Defend!  saith  tiiere  is  noe  reason  or  Law  that 
hee  should  bee  put  or  forced  to  stand  to  y®  Verdict  of 
another  Juit  becausse  the  former  Jury  hath  by  their  Ver- 
dict Cleared  the  Defend'.*'  W'ssell  nor  is  it  reason  or  Law 
tliat  Juries  should  be  over  awed  or  new  fleuries  pickt  out 
to  serve  mens  pur])oses,  therefor  the  Defend'  stands  to  the 
first  verdict  of  the  Jury  A:  in  relation  thereunto  requires 
the  benefitt  of  his  Nationall  Law. 

13'.^  his  Maiesty  hath  himselfe  in  amost  eminent  Man- 
ner expounded  that  very  ])rtended  Clause  in  the  said  act  of 
parliam*^  concerning  entering  of  Vessells  in  amost  notable 
Case  of  the  like  nature  that  happened  in  Mary  Land  upon 
the  Seazing  of  a  Vessell  there  for  not  Entring  according  to 
J>aw  although  in  the  said  Province  the  said  Law  is  pub- 
lished, And  fyned  the  Lord  P>alteinore  Eight  thousand 
])Ounds  stei-ling  for  the  said  seizure  as  is  ])ii])lickly  knowne 
to  many  thousands 

IVL  the  Defendant  maketh  this  his  aforegoing  answer 
to  the  plaintifs  Declaration  reserving  to  himselfe  accord- 
ing to  the  Lawes  of  England  libej'ty  as  occassion  shall 
re(]uire  to  answer  further. 

()fii('Kks  ()atii. 

You  shall  keepe  the  Jury  w'.''out  meat  Di'inke  and  Can- 
dle light  or  any  p-son  Coming  to  heere  or  Discourse  w^'' 
them  untill  they  shall  Declare  to  you  that  they  ai-e  agreed 
in  their  venlict.  Soc  lielp  you  God  <k  the  contence  of  this 


1671]  PROCEEDINGS    AGAINST    WM.    HACKETT.  Yl 

l)ooke.     The  Jury  went  aside  and  after  Some  tynie  brought 
in  their  Verdict  as  followeth. 

Elizabethtowne  May  18^^  1671— 

Att  a  special!  Court  their  held  by  the  Governor  his  ordr 
Phillip  Carterett  Esqr  Plaintif  In  an  Action  of  the  Case  in 
behalfe  of  his  maiestie  and  M^  William  Hackett  DefendHhe 
Jury  findeth  for  the  plaintif,  the  Vess  w*?  hir  furniture 
forfitt.  Cost  of  Court  and  Jury  out  of  the  same,  to  bee 
defrayede. 

Signed  by  Nathaxiell  Sayle,  foremanc 

The  Court  jiassed  Judgem!^  according  to  the  Jurys  Verdict. 

The  two  third  pts  of  the  said  Sloope  was  by  the  Gover- 
no""  Delivered  back  againe  to  the  use  of  the  imployers  and 
owners  they  paying  the  sume  of  tM'enty  six  pounds  thirteen 
shillings  &  foure  pence  for  je  two  third  pts  of  the  Charges 
reserving  sufficient  Caution  for  the  other  third  pt  to  his 
maiestie  as  it  Avas  sold  by  the  Candle  the  Sum'  of .     .     .     . 

William  Hackets  AtnriTANCE  to  the  Gouerno?. 

Wheras  the  Sloope  Indeavour  wherof  I  William  Hackett 
was  Master  became  seized  &  forfeited  by  OrdV  of  Law  as 
by  sentence  of  Court  at  Elizabethtowne  in  the  Province  of 
New  Jarsey  it  apeareth,  And  that  the  Hon''.*'  Phillip  Car- 
terett Esqr  Governo^  of  the  said  Province  hath  of  his 
favour  and  goodness  Given  back  and  Remitted  the  two 
third  pts  of  the  said  Sloope  soe  forfeited  Reserving  suffi- 
cient Caution  for  the  other  third  pte  to  his  Maiesties  use  & 
behoof e  and  paying  the  pportion  of  Charges  belonging  to 
the  said  two  third  pts  w":**  I  ingage  to  pay  before  my  being 
reposessed  of  the  said  Sloope  amounting  to  the  Sum'  of 
6i«x  &  Twenty  pounds  thirteen  shillings  &  fower  pence 
sterling  w*:^'  favour  I  doe  heerby  humbly  iSz  thankfully 
acknowledge  And  by  these  pressents  I  the  said  William 
Hackett  have  remitted  released  &  Discharged  And  by 
these  pi'seuts  Doe  for  nice  my  lieires  Executors  <fc  Admin- 


72  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1671 

istrato^s  and  those  wliot  won'  iiiv  iiiijil.oyors  Remitt  Release 
ik  Discharge  tlie  said  IIoiio''.''  (iovoriiol"  his  heires  Execu- 
tors ife  Administrators  for  ever  of  and  fi-oni  all  matters 
Actions  Cansos  of  actions,  Clajmes  tfc  Demands  whatsoever 
relating  to  the  said  Seizure  and  forfeiture  of  the  said  Sloope 
or  matters  whatsoever  to  this  ])!'sent  Day  :  In  Wittnes 
wherof  1  the  said  William  Ilackett  have  heerunto  sett  mj 
hand  and  Seale  this  thirtieth  Day  of  June  in  the  yeare  of 
o""  Lord  one  thousand -six  hundred  Seaventy  one, 
Sealed  &  Delivered  in  ye  AVilll\m  Hackktt.  [seal  J 
prsence  of 

John  Payne 

AVii.liam  Pardon,  Deputy  Socret'y 


Council  M'mntes — Indian  Murders  at  Jlatiniconck  Island^ 

Delaioare. 

[From  'New  York  Colonial  Documents,"  Vol.  NIL.  p.  484.] 

At  a  Councoll  held  at  Fort  James  Sep.  25,  1671 

Present  The  Govorno""    ] 

M-'Mayo'  !    ,.  ^.       ,.    , 

,,,.  „,  '  1       ot  JNew  lork 

M'  Sheen wyck 

The  Secretary    j 

Governo'  Philip  Oarterett )  .  t  .  ^ 

Cap*  James  Carterett  ^        j  '        j 

The  Occasion  of  y*^  Present  Meeting  is  the  Lett''  brought 
fi-om  JVI"'  Toms  by  Peter  Alricks  about  the  Murder  of  two 
Christians  (Dutch  Men)  killed  by  some  Indyans,  at  the 
Island  Matiniconck  *-*  in  Delaware  liiver. 


1  Thi8  is  the  first  mention  made  ol'  .Taiiies  Carteret,  a  son  of  Sir  George,  who,  I'or  a 
brief  period,  attained  to  some  prominence  in  the  affairs  of  the  Province,  being  elected 
by  the  malcontents  "President  of  the  Country"  over  the  rightful  Governor.  He 
left  the  Province  in  1()73  for  Carolina,  but  subsecjuently  returned  to  New  York,  where, 
in  1673,  he  had  married  the  daughter  of  Thouiac  Delavall,  Mayor  of  the  city.  He 
ret\imed  to  Europe  subNeciuent  to  l(i7!i.  "  East  Jersey  Under  the  Proprietary  Govern- 
ments,"' "-id  Edit.,  pp.  (i7.  68,  72.    Ei>. 

3  "  Matiniconck,  "  afterwards  known  as  Burlington  Islantl.     Eu 


1671]  IXDIAN    MURDERS    ON    THE    DELAWARE.  T3 

Peter  Alricks  *  being  p'sent  relates  what  is  to  y'' Truth  of 
the  Murder  ujion  w'^''  liee  is  examined.  Ilee  saith  the 
whole  Xation  of  the  Indyans  of  whom  these  Murderers  are, 
consists  of  about  50  or  60  persons.  All  the  Miseheifs 
eoininitted  in  Delaware  these  7  yeares  by  Murder  and 
otherwise,  are  said  to  be  done  by  them. 

The  Indyans  their  Confederates  (as  it's  supposed  they 
will  bee  if  a  Warr  follow)  with  this  Xation  of  the  Mur- 
derers, may  bee  about  a  thousand  persons  besides  Women 
and  Children. 

The  Names  of  the  two  Murderers,  are  Tashiowycam  A: 
Wywannattamo. 

Peter  Alricks  declares,  That  two  of  y*^  Saggamores  of  the 
Nation  of  the  Murderers,  promised  their  best  Assistance  to 
bring  in  the  Murderers,  or  to  procure  them  to  be  knockt 
i'  the  Head,  if  it  be  allowed  by  the  Governor. 

Many  other  Indyans  that  he  mett  upon  the  Road  did 
very  much  disallow  y''  murd''  cV:  were  very  sorry  fur  it,  & 
offered  their  Assistance  against  them  likewise,  only  the 
Difficulty  was,  that  there  were  seven  of  these  Indyans, 
Men  of  the  Same  Stock,  that  if  the  two  should  be  seised, 
the  other  live  would  seek  to  bee  Revenged  ;  soe  it  was 
unsafe. 

Divers  other  Discourses  between  him  ct  the  Indyans  he 
related  as  to  this  matter.  The  Proposal!  to  have  y*^  Mur- 
derers destroyed  was  to  cause  a  Kinticoy  to  bee  held,  ife  in 
the  midst  of  their  Mirth,  That  then  one  should  be  hired  to 
knock  him  i'  the  head.     This  by  the  Sachem. 

Peter  Alricks  saith :  The  proper  time  to  sett  upon  this 

1  Pktku  ALRICK.S  is  first  mentioned  in  connection  witti  the  .settlements  on  the  Del- 
aware, in  1659.  In  1665,  in  consequence  of  the  hostility  manifested  towards  the  Enj;- 
lish,  his  property  was  conliscated  and  conferred  upon  William  Tom.  In  166S,  however, 
he  professed  allegiance  to  the  English  and  was  placed  in  possession  of  Burlington 
Island,  but  on  the  Dutch  obtaining  the  ascendancy  again  in  1673,  he  was  equally  ready 
to  renounce  it.  He  was  subsequently  appointed  a  Justice  of  the  Peace,  and  filled 
other  stations,  indicating  on  the  part  of  the  chief  authorities  some  confidence  in  his  ex- 
ecntive  ability  and  general  usefulness.  It  is  thought  that  he  subsequently  became  a 
member  of  the  Pennsylvania  Colonial  Legislature. — See  MS.  account  by  Edwin  Salter, 
in  ^Tew  Jersey  Historical  Society  Library,  and  references  in  "'X.  Y.  Col.  Docts.," 
Vol.  XIL    El). 


74  KEW  JERSEY  COLONIAL  DOCUMENTS.       [1671 

Nation  of  the  Murderers  is  within  a  Month  from  this  time, 
tor  after  they'l  breake  off  their  keeping  tosrether  in  a 
Towne,  6z  goe  a  hunting,  soe  bee  separated  <k  not  to  bee 
found,  but  now  the  danger  is  of  their  destroying  the  Come 
and  Cattle  of  the  Christians. 

The  Occasion  y*  Murther  is  said  to  bee  that  Tashiowy- 
cans  Sister  dying,  hee  exprest  great  (4reefe  for  it,  and  said 

The  Manetto  hath  kill'd  my  Sister  iV:  I  will  go  &. 

kill  the  Christians,  Soe  taking  another  with  him  hee  went 
(te  executed  this  Barbarous  Ifaet. 


Letter  from   (Tovirnor  Tjirrlncc  In  Mr.  7<nn,at  Delaware. 

[From  "New  York  Colonial  Documents,"  Vol.  XII.,  p.  id'i.] 

J/re  from  ye*  Goveno''  to  M'  Tom  at  Delaware  Septeui  26*'' 

1671. 
M«  ToM.i 

I  received  yo*"  Lett'  of  y®  15"'  of  vSopteml)er  1671  by 
Hendrick  Loaper,  wherein  you  give  me  an  Acet.  of  the 
Barbarous  Murder  of  y*^  two  Christians  on  Matinicock 
Island  l»y  y*"  Neighbour  Indyans.  I  must  confess  I  was 
much  startled  at  y'^  Narrative,  and  y'"  rather  in  regard 
Capt.  Carr  had  given  mee  lately  soe  full  an  Assurance, 
that  all  things  between  yo"  and  }*'  Indyans  were  so  firmely 
settled,  that  there  was  hardly  any  lioome  left  for  any  Dis- 
trust or  Jealousy  of  them,  betwixt  you  and  them  ;  Much 
lesse  that  soe  suddenly  after  they  should  breake  out  into 

1  Cai'T.vin  Wn.i.i.vM  Tom  was  tlie  (irst  English  civil  otticcr  in  WpHt  Jersey,  and  one 
of  the  most  prominent  and  trustworthy  early  settlers.  He  came  over  with  Sir  IJobert 
Carr,  in  the  expedition  under  Col.  Nicolls,  in  lt>()4.  He  was  appainted  to.sevei-alothcef, 
and,  as  Sherifl',  bis  authority  extended  at  one  time  over  both  sides  of  the  Delaware,  to 
Hurlinjiton  Island.  This  otHce  he  resigned  in  Auj^ust,  16~i!.  In  l(i74  he  was  appointed 
Cleik  of  the  town  of  New  Castle  by  (iov.  Andros,  and  subse(|uently  a  .lusfice,  &c. 
It  was  after  him  that  Tom's  liiver.  in  St)Uth  .(ersey,  was  named.  He  died  in  Jan- 
uary, 1(178.  See  MS.  account  by  Edwin  Saltei-,  in  Xew  Jersey  Historical  Society 
Library  ;  and  references  in  "  N.  Y.  Coloujal  Pocunaents,'  Vol.  XII.    Jit*, 


1671]  GOV.    LOVELACE    TO    WILIJAM    TOM.  75 

these  unheard  of  Criieltyes  S:  villanons  Mnrth''  w'^^  as  their 
Crimes  have  not  Paralell,  soe  I  am  assured  y*'  vengeance  of 
(lod  will  never  forsake  us,  till  wee  avenge  y®  Blood  of 
y*  Innocent  on  y^  contrivers  heads;  Had  my  Directions 
been  bravely  *Sz  vigorously  followed  by  you  in  the  last  sad 
Accident,  I  doubt  not  but  it  would  have  p''vented  this  ; 
&  I  pray  God  this  sin  be  not  laid  now  to  your  charge.  I 
shall  by  this  Conveyance  Transmitt  but  little  to  you  in 
regard  I  know  not  how  and  when  it  may  arrive  you,  but  I 
reserve  my  more  ample  Instructions,  w'*  I  will  send  by 
Peter  Alrick,  wdio  To-morrow  will  Imbarque  in  Tom  the 
Irishman;  However  if  this  arrives  you  first  I  would  have 
you  to  pretermit  noe  time,  but  to  bethink  how  a  "VVair  may 
be  prosecuted  on  those  Villaines  ;  And  in  regard  it  will 
require  some  time,  till  all  Things  be  brought  in  Order  to 
y*^  best  Advantage  of  Compassing  our  Designe.  I  think  it 
requisite  that  all  y^  ffrontier  Scattering  Plantacons  be 
ordered  immediately  to  thrash  out  or  remove  all  their 
Corne,  as  likewise  their  Cattle,  that  soe  they  may  receive 
y*'  less  Damage  by  the  Effects  of  y*^  Warr  w'^''  will  ensue. 
Next  that  none  (on  paine  of  Death)  presume  to  sell  any 
Powder,  shott,  or  Strong  waters  to  y*^  Indyans,  and  that  in 
the  nieane  time  you  carry  (if  practicable)  a  seeming  Coni- 
]ilacency  with  that  Nation  by  either  Treaty  or  Traffick, 
that  soe  they  inay  have  y"  less  mistrust  of  our  intended 
Designs  ;  but  if  it  can  be  soe  contrived  that  that  Nation 
will  either  Deliver  up  y^  Murtlierers  to  you,  or  their  Heads 
you  have  then  liberty  to  assure  that  Nation  of  noe  Disturb- 
ance till  I  am  acquainted  there  w*^ ;  The  (roverno''  of  New 
Jersey  &  Capt.  James  (^arterett  are  acquainted  w"'  all 
o""  Pesoluccons,  who  this  Day  repaires  from  hence  to  his 
own  Government  to  settle  all  Things  in  Order  t6  y"  bring- 
ing those  Villaines  to  condigne  Punishm'  hee  is  very  hearty 
A:  Zealous  in  that  affaire  ;  &  I  am  assured  wee  may  depend 
on  a  handsome  &  considerable  Supply  &  Assistance  from 
him  ;  I  charge  you  left  mee  heare  from  you  on  all  immer- 
gent  Occasions,  and  bethiuke  yo'selfes  of  y"  prosecuting  of 


76  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1671 

a  wan\  and  thorct'orc  make  y®  best  i)rc'para<'()iite  in  Order  to 
it  ;  If  a  good  Worke  were  tlirowiie  about  ]V[atinicock 
House,  and  that  strengthened  w"'  a  considerable  Guard, 
It  would  be  an  admirable  Frontier  ;  and  from  thence  wee 
might  proceed  to  an  execucon  when  all  Things  are  in  readj- 
ness  there  unto.  I  am  sorry  to  hear  Capt.  Carr  is  soe  ill 
as  you  relate  him  ;  I  hope  hee  may  in  some  reasonable  time 
recover  strength  enougii  to  follow  this  Affaire;  av'^'' if  at 
this  time  I  had  not  soe  many  different  and  considerable 
Affaires  to  Dispatch,  you  should  not  liave  receiv'd  a  Letter 
from  mee,  but  my  own  person. 

I  have  nothing  more  at  })'"sent  to  Add  but  to  assure  you 
that  I  am 

Yo"'  \ery  Affectionate  Fi-iend 

Fkan.  Lo\  elace 


Coiiiiril    JIniiifi    -I/ii      liiihitn    M iirdi  rs    dt    J/i'fi/iico/tck 
/.s////!//.  I)(hlii'(ii'C. 

IFroiii  ''New  York  Colonial  Doiiiineiits,"  Vol.  Nil.,  )).  -infi,] 

At  a  Councell  held  by  Mutuall  Agreement  at 
Elizabeth  Towne  in  Xew  flersey  by  y'^  (ioverno''  of 
his  Royall  Highness  Territoryes  A:  y*^  Governo'" 
under  the  Lords  Pro})rietors  of  the  Province  of 
>Jew  Jersey  y''  7"'  day  of  IVovember  in  y''  2;^'"'  yeare 
of  his  Ma^'*'^  Ileigne  Anno(pie  Domini  1671. 

I'l'cs' — Governo'"  Lovelace 
Guv.  Carterett 
W  Steenwyck 
W  Tho:  Lovelace 
*  Capt.  Berry 
M^  De  La  Praiie  * 
M''  Pardon 
M""  Nicolls 

1  Tlio  iiainc  l)y  which  Robert  ViuKiuillin,  Surveyor  CJeuoral  of  East  Jersey,  was 
sometimes  designated.    Ed. 


1671]  INDIAN    MURDERS    ON    THE    DELAWARE.  TT 

Vpoii  serious  and  mature  Consideration  of  wliat  liatli 
been  returned  by  the  Officers  of  Delaware  in  Answer  to 
tlie  late  Ord'*^  sent  thither,  concerning  the  Barl)arous  Mur- 
der committed  by  some  Indyans  on  the  East  side  of  that 
River  upon  two  Christians  at  Matiniconck  Island,  It  is 
resolved  and  Concluded  upon  as  follows  : 

jj^pinia  'pjj.^i;  j-j^jg  pi-esent  Season  of  y*^  yeare  is  not  a  iitting 
time  to  Commence  a  Warr  with  y^  Indyans,  Mdio  shall  take 
part  with  the  murderers,  as  well  for  the  Reasons  given  in 
Writing  from  y*^  Offic''^  at  Delaware  as  for  other  Causes 
debated  in  Councell ;  soe  that  the  p""sent  intended  Expedition 
thither  is  deferred  untill  a  more  convenient  Opportunity. 

2  That  in  the  meane  time  all  Endeavo"  bee  used  by 
persons  in  Authority  in  Delaware  to  have  the  Murder'"^ 
brought  in  either  dead  or  alive ;  iior  the  accomplishing 
whereof,  if  any  Reward  shall  bee  proposed  or  promised  by 
the  s'^  Offie"'*  for  the  bringing  them  in,  the  same  shall  be 
punctually  made  good.  And  for  that  may  soe  happen 
that  the  Malefacto''  by  some  Strategem  or  otherwise  may 
be  taken  alive,  a  Commission  shall  forthwith  be  granted 
by  his  Royall  Highness  Governo*'  &  herew*'*  sent  empow- 
ering and  Authorizing  the  Offic''*  and  Magistrates,  who 
shall  therein  bee  named,  to  bring  them  to  Condign  Pun- 
ishment by  putting  y^  said  Murder'"®  to  Death  in  the  most 
Publick  and  shameful  manner  that  may  bee,  soe  to  strike 
a  terrour  &  Consternation  in  the  rest  of  y*'  Indyans,  who 
shall  see  or  heare  of  the  same. 

3  AVhereas  some  Resolutions  &  Ord'"*  have  been  lately 
made  at  Delaware  of  their  Intentions  to  retire  into  Townes 
for  their  better  safety  and  security  against  the  Indyans  in 
case  of  a  Warre,  y®  said  Resolutions  are  very  well  approved 
of ;  Ami  it  is  Ordered,  That  at  their  1)est  cV:  soonest  C^on- 
venience  they  bee  put  in  Execution  accordingly. 

4  The  like  Resolucon  proposed  as  to  Matinicock,  It 
being  a  ffrontier  Place,  it  is  also  allowed  and  approved  of  ; 
cV:  shall  bee  done  at  the  hrst  Convenient  time  6z  season. 

5  It   is  also   Ordered,  That    the  Inhabitants   at  Kew- 


7S  XEW    JERSEY    roT.oN'IAT,    DOfTMENT^.  [1071 

Castle  A:  i)iirts  adjacent  upon  Delaware  liiver  bee  digested 
into  severall  Companyes  as  y®  Townes  and  number  of  Men 
will  permitt ;  &  n])on  returne  of  tbe  Names  of  the  Officers, 
that  shall  be  chosen  amongst  them  to  have  the  Command 
ofsueh  ('Ompanyes  they  shall  have  Commissions  for  their 
respective  Employments  nnder  his  Ma""*  Obedience.  In 
the  meane  time  tliose  Officers,  that  shall  bee  chosen,  are  ti» 
Act  iV:  proceed  w'"'  Allowance,  till  tliey  bee  confirmed. 

f>  That  every  Person  that  can  bear  Arms  from  10  to  00 
rears  of  Age,  bee  allways  provided  with  a  Convenient  pro- 
portion of  Powder  cV:  Bnllett  fitt  for  Service,  and  their 
mutual  Defence,  upon  a  })enalty  for  their  neglect  herein  to 
1)6  im])osed  by  the  Commission  Officers  in  ( "ommand  accord- 
ing to  Law. 

T  That  y*"  quantity  or  ])i'oportion  of  Powder  A:  Shott 
to  bee  adjudged  competent  for  each  person  bee  at  least  one 
pound  of  Powd'  sS:  two  pound  of  Bullett.  And  if  the 
Inhabitants  on  the  Piver  shall  not  bee  found  sufficiently 
provided  w"'  for  Armes,  his  Poyall  Highness  (Toverno""  is 
willing  to  furnish  them  out  of  the  Magazine  or  Stores,  they 
being  accomptable  A:  paying  for  what  they  shall  receive 
to  the  Governour  on  his  Ordi'e. 

8  That  the  Places,  where  the  Towne-ships  ujion  y* 
River  shall  bee  kept,  bee  appointed  it'  Agi-ecd  upon  by  the 
Sellout,  Commissaryes  and  the  rest  of  y^  Offic"  there 
according  to  theii-  Pro])osall  sent,  as  also  where  the  Block- 
llouses  iV  Places  of  Defence  shall  bee  erected  as  well  in  the 
Towne  as  in  the  liiver. 

9  That  all  former  Prohibitions  of  selling  Powder  it' 
Ammunitiiui  to  the  indyans  under  what  i)enalty  soever  be 
su6])ended  or  left  to  the  discretion  of  the  Officers,  as  they 
shall  see  Occasion  untill  further  ( )i-dei-. 

1<»  That  noe  Coi-ne  or  Provisions  bee  transported  out 
of  Delaware,  unless  that  which  is  already  on  board  or 
intended  to  bee  shipt  in  y*'  Sloope  of  Thomas  Lewis  (now 
in  that  River)  for  y^  w*^''  hee  shall  have  a  special  License 
or  Permitt,  until  further  Order, 


16T1]  GOV.    LOVELACK    TO    CAPT.    CARR.  TO 

11  That  y^  Offic'"*'  &  Magistrates  at  Delaware  bee  hereby 
Empowered  &  Authorized  to  treat  with  the  Neiglibour 
Indyans  of  the  Susquehanas  or  others  to  joyne  togetlier 
against  y**  Murder""**  &  such  as  shall  harbour  them  or  take 
their  part,  if  Occasion  shall  require,  &  to  jjromise  them 
such  Reward  as  they  shall  think  fitt.  Provided  it  bee  done 
with  great  Privacy  &  Caution,  soe  that  noe  sudden 
Jealousy  bee  given  to  the  Persons  intended  to  bee  ])rose- 
cuted  or  their  Confederates. 

12  And  Lastly  that  the  afore-recited  Officers  &  Magis- 
trates upon  all  emergent  Occasions  doe  take  Care  by  all 
Meanes,  that  shall  present,  as  well  as  b}^  Expresses,  to  give 
an  Acco*^  hither  of  what  from  time  to  time  shall  happen 
there  in  relation  to  this  matter,  w'^'*  said  Expresses  &  Mes- 
sengers shall  be  well  and  duely  satisfyed  for  their  paines 
and  troubles. 


Letter  from   Governor  Lovelace  to   Cajjto'ta   Carr  at  Xein- 

Castle. 

[From  "New  York  Colonial  Documeuts,"  Vol.  XII.,  p.  488.] 

Lre  from  y*"  Governo''  to  Capt.  Carr  at  Delaware,  Dated 

Novemb'  9"'  1071 
Capt.  Carr 

The  backwardness  of  y^  Inhabitants  in  Delaware  has 
putt  a  stop  to  y"  forwardness  of  those  in  New  Jersey,  who 
were  ready  w'^  a  handsome  Party  to  have  stept  in  y^  Worke 
to  bring  y®  Murderers  to  condigne  punishm*.  And  truely 
I  was  much  ashamed  to  see  such  an  Infant  Plantacon  to 
outstrip  us,  wlio  should  have  been  rather  an  Example,  to 
others  than  to  follow  them  •  especially  having  y**  Counte- 
nance of  a  (rarryson  to  Boote,  and  you  y^  principall  Officer  I 
What  Ace''  I  shall  give  to  his  Royall  Highness  of  this 
remissness  I  know  not,  othei",  but  to  lay  y*  blame  where  it 
justly  is  due ;  ffor,  you  to  receive  y^  Dukes  pay  constantly, 
and  y"  appearance  of  Souldyers,  and  to  lett  y*"  Forte  rnnn 
so  miserably  to  Decay,  and  not  employing  them  in  y*^  repa- 


80  NEW    .TKRSPIY    f'OT.oXIAL    TlO('rMKXT>;.  [^^*^^ 

racons,  when  they  ditl  iiue  Duty  is  but  just  or  perfect  Rent 
Charge  to  y''  Duke,  ffor  it  is  not  reasonable  that  his  E,:  H" 
shoiihl  l)ee  at  that  Cliarge,  only  to  allow  you  a  Sallary  and 
Sonldyers,  and  no  ffruits  appeare  of  tlieir  Labour  and 
Industry ;  Tis  otherwise  soe  at  Albany,  w*^**  Garryson  in  no 
respect  exceeds  yo'",  and  yett  Salisbury  w"'  his  Men  have 
made  shift  to  refortify  that  place  very  secure ;  Besides 
y^  liduibitants  not  so  niucli  as  digested  into  any  Military 
tfornie,  nor  halfe  of  them  armed,  thongh  you  have  had 
annually  Monito'**  of  y*"  Murthers  committed  on  yo""  Inhabi- 
tants :  J)elieve  me,  This  remissness  will  one  day  be  called 
upon  ;  and  how  you  will  Answer  it,  you  best  know,  though 
I  feare. 

What  hath  now  been  concluded  on  will  be  brought  to 
you  by  Peter  Aldrick,  to  w''  ex])ect  a  punctuall  Comply- 
ance  at  yo'"  perrill.  I  intend  early  in  y*^  Spring  to  be  w*'' 
you,  by  w*^''  time  I  hope  you  will  contrive  it  soe,  that  y* 
Murderers  may  be  brought  in  dead  or  alive,  and  likewise 
y*'  former  Mnrtherers  of  the  Woman  and  Children  at  y'' 
Parde  Ilooke  ;  Something  must  be  done  considerably  to 
wipe  off  that  stayne  of  yo''  Remissness,  or  I  cannot  now 
determine  what  penaltyes  may  ensue  ;  I  have  both  for- 
merly and  now  Transmitted  all  y''  Insolency  of  y^  Indyans 
t<»  his  R:  IP  whose  answ''  I  expect,  till  when  I  say  noe  more 
on  that  siibjcct,  I  am, 
Foi-t  -lames  10^''  November         Yo''  Loveing  Friend 

1071  Pk:  Lovklack 

AI\-  L(tve  to  all  o""  Friends. 


J*r<>c<i<Hi,(js    ill    (I  Sjirc/id    ('(itift    In  hi    lit    yj'rciilx  llitoirn, 
Fchriiiiri/  mill   M<ir<-/i,   lOT'i. 

I  From  Itfi-oid  in  Secretary  of  Slate's  Ortlce,   Tionton,  Liber  3,  page  78.1 

Record  of  Proceedings  at  a  Speciall  Court  by  commission 
from  the  lion.  Philip  (Jarteret  Es<i''  (governor  of  the  prov- 
ince of  New  Jersey  February  27'!'  1671.  [1671-2.] 


1672]  SPECIAL    COURT    AT    ELIZABETHTOWN.  81 

The  Court  being  satt,  the  commission  read,  jury  called, 
after  some  debate,  the  court  adjourned  till  February  28 
following  at  tenn  o'clock  in  the  morning. 

Feb.  28,  1672.  [1671-2.] 
The  Court  sit  again,  the  commission  read  as  foHoweth  : 
Whereas  comjjlaint  hath  been  made  to  me  of  wrongs 
and  injuries  done  by  several  persons  within  this  province  to 
the  great  anoyance  and  disturbance  of  the  Peace,  and  Con- 
trary to  the  laws  and  good  order  which  ought  to  be  amongst 
men,  I  have  thought  fit  and  necessary  with  the  consent 
and  approbation  of  the  (Tcnerall  Assembly  held  in  this 
towne  for  the  Province  of  New  Jersey  the  14*^  day  of  De- 
cember last  past,  by  this  my  special  Connnission  of  Oyer 
and  terminer,  to  nominate,  constitute,  authorize  and  apjjoint 
you  Cap*  John  Berry  one  of  my  Council,  President  of  the 
Court  for  this  terme,  Mr  Bobert  Vauquelin,  Mr  Samuell 
Edsall,  Mr  Eobert  Bond,  Cap!^  John  Pyke,  Cap^  Robert 
Treat  &  M^  William  Pardon  or  any  three  of  you,  to  be  a 
court  to  meet  together  and  sit  upon  Tuesday  morning  the 
seaven  and  twentieth  day  of  this  instant  February  at  nyjie 
of  the  Clock  at  the  towne  house  in  Elizabethtowne,  within 
this  province,  then  and  there  to  call  before  you,  all  such 
person  or  persons  whether  plaintiff  or  defendant,  or  any 
person  or  persons  whatsoever,  against  whom  Complaint  shall 
be  made  or  Charge  laid  in  matter  of  cryme  and  fact  and 
them  to  hear  either  in  person  or  by  their  atturney  or  attui*- 
nies,  the  cause  or  causes  pleaded,  and  to  determine  and  pass 
sentence  upon  the  same  according  to  law  and  justice,  and  it  to 
put  in  execution  accordingly  and  if  need  be,  to  make  choice 
of  a  President  amongst  yourselves ;  and  if  you  see  cause,  to 
adjourn  to  another  day  for  the  doing  whereof  this  shall  be 
to  you  and  every  of  you  a  sufficient  warrant.  And  all  per- 
sons are  hereby  required  in  His  Majestys  name,  to  give  you 
the  due  respect  and  observance  of  a  Special  Court,  consti- 
tuted by  the  authority  of  the  Lords  Proprietors  of  this 
province  and  to  be  ayding  and  assisting  to  you  in  the  prose- 


82  NEW   JERSEY   COLONIAL   DOCUMENTS.  [1672 

cution  of  this  my  fonnnission  of  Oyer  6c  Terminer  as  need 
shall  require. 

Given  under  my  liaiid  and  seal  of  the  province 
at  Elizabethtowne  this  tenth  day  of  February 
L^"  "-^  in  the  year  of  our  Lord,  one  thousand  six  hun- 

dred and  sevent}'  (»ne 
By  the  Governors  Order  Ph.  Carteret 

AViLLiAM  Pardon,  Dep.  Sec^ 

JlRV    IS  WORN 

Mr  Jonathan  Dunham,  (foreman)  Mr  Samuel  Hale  Ml"  W'"  Douglass 
Mr  John  Bishop  Sen^      M^  John  Blumfield,     M^  f  "laus  Jansen  Pummerent 
M''  John  Martyn  Seu^     Capf  Caspar  Stenmitts    M!'  Hans  Diederick 
M''  Isaak  Tappan  M'.'  Laurence  Anders        Mr  Samuel  Dennis 

The  names  of  persons  summoned  and  indicted  for  pulling 
down  liiehard  Michells  fence. 

AVilliam  Meaker,  Jeffery  Jones,  Luke  AVattson,  Nicholas 
Carter,  Samuel  Mash  SenT,  John  Ogden  JunT,  Josejih 
Meaker,  Ilurr  Tompson. 

Feb.  28,  167L 
The  Court  adjourned  their  sitting  to  the  eight  day  of 
March  following,  and  all  persons  by  proclamation  then  to 
appear  by  virtue  of  their  former  summons. 

March  8,  1671. 

The  Court  being  satt,  proclamation  made.  Oyes  ite  all 
manner  of  persons  6zc.  The  Commissioners  present  that  day 
Cap^  John  Berry  President,  Mr  Samuel  Edsall  Mr  Robert 
Bond  (M'.'  Robert  Treat  was  absent)  Cap^  John  Pyke,  MT 
William  Pardon. 

The  jury  personally  appeared  and  answered  to  their  names 
and  the  persons  indicted  viz :  W'l'  Meaker,  Jeffery  Jones, 
Luke  AVattson,  Nicholas  Carter,  Samuel  Mash  Sen!"  John 
Ogden  Jun^  Joseph  Meaker,  Ilurr  Tompson. 

The  indictment  was  read  as  foUoweth, 

William  Meaker  You  are  here  indicted  in  the  behalf 
of  our  eoveraigue  Lord  the  Iving  Charles  the  Second,  by  the 


1672]  SPECIAL    COURT    AT    ELIZABETHTOWN.  83 

name  of  William  Meaker  for  that  jou  not  having  regard 
unto  nor  observance  of  his  said  Majestjs  laws,  did  upon  the 
twentieth  da}'  of  June  last  past  with  severall  other  persons 
not  less  regarding  the  violation  of  the  good  and  wholesome 
laws  of  our  Soveraigne  Lord  the  King,  by  name  Jeffery 
Jones,  Luke  -Wattson,  Nicholas  Carter,  Samuel  Mash  Sr. 
John  Ogden  Jun""  Joseph  Meaker,  Hurr  Tompson,  all  of  the 
town  &  province  abovesaid,  unlawfully  assemble  together 
in  a  Rout  and  Riotusly  did  intend,  go  about,  practice  &  put 
in  use,  to  overthrow,  cut  breake,  cast  down  or  digg  up, 
a  considerable  quantity  of  fence  belonging  to  Richard 
Michell,  with  intent  that  the  land  lying  at  the  rear  of  the 
house  lot  of  Francis  Barber  and  George  Pack  &  others, 
then  ill  the  possession  and  occupation  of  the  abovenamed 
Richard  Michell,  should  remain  open,  all  which  is  contrary 
to  the  law,  and  a  breach  of  the  King's  peace. 

What  say  you  to  this  charge  'i  x\rc  you  guilty  or  not 
guilty  ? 

The  persons  above  named  indicted  appeared  in  Court, 
and  the  indictment  read  to  them,  departed  without  enter- 
ing their  plea  though  commanded  to  attend  the  Court : 
And  Mr  Samuel  Moore  Atturney  in  the  Kings  behalfe 
made  his  plea  and  evidences  taken  in  court. 

The  plaintiff  for  plea  saith. 

First.  That  none  shall  enter  into  any  lands  in  the  pos- 
session of  another  person,  but  whose  entry  is  given  by  law, 
and  then  in  a  mild  and  peaceable  manner ;  but  here  was  an 
entry  made  by  the  persons  indicted,  without  any  due  pro- 
cess in  law  and  in  a  violent  manner. 

/Seeoitdff/.  If  three  or  more  do  meet  together,  to  do  an 
unlawful  act  against  the  peace,  or  to  do  an  unlawful  thing 
in  an  unlawful  manner,  and  being  met  do  goe  forward  in  a 
turbulent  manner  to  elfect  what  they  met  for  and  at  last 
doe  finish  their  work,  this  is  a  riotous  act. 

But  the  persons  here  indicted,  did  meet  together  June 
20^!^  1671.  on  purpose  to  pull  down  Richard  Michells  fence, 
and  being  met,  did  goe  forward  and  did  throw  it  down  to 


84  NEW    JERSEY    COLOMIAL    DOCUMENTS.  [1672 

the  ground,  and  laved  tlie  land  open,  M'ith  intent  it  should 

soe  remain  as  it  appears  to  this  day  ;  therefore  we  say,  that 

these  delinquents  thus  meeting,  proceeding  and  acting  in 

an  illegal  manner  to  doe  an  unlawful  thing  is  a  verv  great 

breach  of  the  Kings  ])cace  and  by  law  adjudged  to  be  a 

riott. 

Evidences. 

The  evidence  of  (reorge  Pack  of  Elizabethtown  in  and 
about  the  business  of  Richard  Michell  fence  and  houseing 
being  thrown  down  by  several  persons,  and  also  the  evi- 
dence of  Richard  Micliell  taken  Feb.  1,  1671,  and  by  them 
Sworn  to  in  tliis  court  as  followetli : 

That  the  last  Summer,  he  having  agreed  witli  Richard 
Michell  upon  terms  about  the  planting  a  peice  of  land  of 
Jiis,  for  a  crop  of  tobacco,  which  land  was  fenced  in  for  a 
crop  and  that  a  meeting  for  our  Syde  was  at  Goodman 
Carters,  where  they  warned  me  not  to  piich  any  plow  in  it, 
whereby  I  was  disappointed  of  my  cropp.  and  William 
Letts  upon  the  same  account,  for  I  had  lett  him  one  half  of 
the  same  piece  of  ground  for  to  ])itch  a  crop  of  tobacco, 
wherein  we  were  both  disa])pointed.  Upon  that  it  rested 
till  the  town  meeting  when  it  was  concluded  that  Richard 
Michell  should  not  have  this  land,  because  he  never  asked 
the  townc  for  it,  as  they  said  and  concluded  to  take  this 
piece  of  land  from  him  again,  because  it  was  not  a  full  vote 
of  the  towne,  that  he  the  said  Richard  Michell  had  it. 
The  next  morning  after  the  said  town  meeting,  the  said 
Richard  Michell  came  to  my  house,  and  I  went  Avitli  him 
up  to  the  said  lott,  ami  going  up,  came  to  William  J^etts 
his  house  and  lighted  our  pypes,  and  when  we  had  lighted 
our  pypes,  people  came  upon  the  said  ground,  (Toodman 
Meaker,  the  young  John  Ogden  Jeffery  Jones  and  Nicholas 
Carter,  and  we  coming  down  to  them  at  the  corner  of  the 
said  lott,  the  said  Richard  Michell  forewarned  them  of 
pulling  down  the  said  fence  and  spake  to  them  of  a* riott, 
upon  that  (Toodman  Meaker,  put  to  it  and  b(\gan  to  pluck 
down  the  fence,  and  then  all  the  rest  did  the  like,  and  left 


1672]  SPECIAL    CorRT    AT    KLIZABETHTOWN".  85 

not  off  till  they  had  plucked  down  one  side  and  one  end, 
and  more  he  at  present  saith  not. 
„.    William  Letts  testifieth  and  saith. 

That  at  the  same  time  when  liichard  Michell  and  George 
Pack  came  to  my  house  and  lighted  their  pipes,  I  followed 
them  down  to  Richard  Michells  lott,  and  when  I  came 
down  following  the  said  liichard  Michell  and  (leorge  Pack, 
Goodman  Meaker  of  this  towne  and  his  sonn  and  John 
Ogden  the  younger  and  the  old  Mash  of  this  towne  and 
Jeffery  Jones  and  Luke  Watson  and  one  of  Goodman 
Tompson's  sonnes  went  and  pluckt  Richard  Michells  fence 
down,  and  more  at  pi'csent  saith  not  concerning  these  per- 
sons. And  awile  after,  l)eing  at  my  own  house,  there  came 
in  Robert  Moss  and  M'.'  Crayne  of  this  towne,  who  asked  for 
drink  and  I  having  none  they  went  away  presently,  and 
presently  after  they  were  gone,  I  heard  a  noyHe  and  looked 
out  and  saw  the  said  Robert  Moss  and  M'"  Crayne  beating- 
down  the  Claboards  of  Richard  Michells  house,  and  plucked 
up  the  pallasades  of  the  garden,  and  before  I  came,  the 
hoggs,  within  an  hours  tyme  had  rooted  up  and  Spoiled  all 
that  was  in  the  garden,  which  was  full  of  necessary  garden 
herbs. 

Vincent  Runyon  testifieth  and  saith. 

That  in  June  last  he  saw  several  persons  of  the  towne 
viz.  Goodman  Meaker  of  this  towne  and  his  eldest  sonn  and 
one  of  Ml'Tompsons  sonns  M'.'  Ogdens  sonn  John  and  Jeffery 
Jones  «fe  Goodman  Carter  and  Luke  Wattson  and  the  old 
Mash  upon  Richard  Michells  lot  pulling  down  the  fence, 
and  while  they  were  so  doing  Mr  Pardon  Came  in,  then 
they  asked  him  whether  he  were  come  to  help  pull  down 
the  fence.  And  MV  Pardon  answered  that  he  did  not  come 
to  help  pull  down  the  fence,  but  to  take  notice  what  you 
do.  Then  said  John  Ogden,  we  do  not  cair  if  a  hundred 
such  fellows  as  you  are,  do  take  notice  of  what  we  do. 
And  M'.'  Pardon  answered  you  speak  very  sausily,  and  that 
Luke  Watson,  did  not  put  his  hand  as  I  saw,  to  pull  down 
the  fence,  but  said  if  1  am  in  place  its  as  good,  but  after 


Bf)  NEW  jerseV  colonial  Document?.  [16TS 

Ml'  Pardon  Came,  tlien  lie  heaved  one  logg  off  from  tlie 
fence,  and  said  you  shall  not  say  hut  I  will  put  my  hands 
to  it,  and  more  he  saith  not. 

AV^iLijAM  Cramkr  evideneeth  and  saith. 

that  he  Xnoweth  tliat  the  abovesaid  George  Pack  and 
William  Letts  had  their  plants  in  readiness  for  the  planting 
the  said  ground,  as  he  did  understand  by  the  said  George 
Pack  A:  William  Letts,  the  plants  being  upon  the  same 
ground  and  ready  to  sett. 

Pk'HAki)  IMicMELL  being  sworn  testifieth  and  saith. 

That  William  Meaker  and  his  soim  Joseph  Meaker  and 
John  Ogden  JunV  and  Ilurr  Thompson  were  ujion  his  lott 
and  pulled  down  a  great  part  of  his  fence,  then  afterwards 
came  Luke  Wattson,  Nicholas  Carter,  Jeft'ery  Jones  & 
Sajuuel  Mash  Senr  and  all  of  them  did  put  their  hands  to 
pull  down  the  fence.  The  deponent  says  that  he  did  fore- 
warn them  not  to  pull  down  the  fence ;  and  William 
Meaker  answered,  do  you  warn  nsi  and  with  that  went  to 
pull  it  down,  then  the  deponent  M-ent  away. 

William  Pardon  being  sworn  saith, 

That  on  the  10^'^  June  KJTL  he  was  lit  a  meeting  of 
severall  inhabitants  of  this  towne,  who  were  met  together 
at  the  towne  house  and  resolved  to  ])ull  down  llichard 
Michells  fence,  and  the  next  moi'uing,  went  to  the  said 
ground  and  saw  William  Meaker  Jeffery  Jones,  Luke  Wat- 
son Nicholas  Carter,  Samuel  ]\[ash  Sen'  John  Ogden  Jun!" 
Joseph  Meaker  and  Ilurr  Tompsoii  pull  down  the  fence  of 
Kichard  Michells  lott. 

Certificate  of  the  Towne  record 
June  19.  167L  It  was  agreed  by  the  Major  vote  that 
Kichard  Michcll  shoidd  not  injoy  his  lot  given  him  by  the 
governor.  ll]>un  information  .lune  !!•.  1671.  it  was  agreed 
that  there  should  some  go  the  next  morning  and  pull  up 
Richard  Michell's  fence,  A  Coppie  of  the  towne  record  by 
me.  IsAK  AVhitkueai)  Clark 

The  matter  was  left  to  the  jury,  who  went  together  and 


1672]  fiPtectAL   COURT   AT   ELIZABETHToWN.  8? 

the  same  day  at  night,  the  jury  brought  in  their  verdict  to 
the  president  sealed  up  ;  and  March  the  9^''  following  deliv- 
ered it  into  the  Court  by  Jonathan  Duidiam  foreman,  and 
find  the  eight  persons  indicted,  guilty  of  a  riot,  Signed  by 
Jonathan  Dunham  foreman  as  followeth. 

March  8^"  KlTl. 

Att  a  Court  holden  at  Elizal)ethtowne  in  the  province  of 
New  Jersey  in  a  case  depending  between  our  Soveraigne 
Lord  the  King  and  eight  persons  in  the  indictment  of  riot 
specitied  viz  William  Meaker,  Jeffery  Jones  Luke  Watson 
Nicholas  Carter  Samuel  Mash  SenF  John  Ogden  Jun'' 
Joseph  Meaker,  Hur  Tompson  the  jury  finds  the  abovesaid 
eight  persons,  and  every  one  of  them  guilty  of  a  riott,  and 
upon  due  deliberate  consideration  return  this  verdict  to  the 
Court.  Jonathan  Dunham  in  the  name  and  with  the 

Consent  of  the  jury. 

The  Court  accej)teth  the  verdict. 

Proclamation  made,  the  court  adjourned,  and  all  persons 
concerned  to  attend  further  order. 

The  same  day  was  issued  a  warrant  of  summons  to  the 
Marshall  to  summon  the  persons  above  named  viz  William 
Meaker  and  the  rest  indicted  to  make  their  personal  ap- 
pearance forthwith  before  the  Court,  to  hear  the  result  of 
the  court  concerning  the  said  riott,  which  is  found  against 
them, 

March  9'^  1671 

The  Court  having  snmoned  the  eight  indicted  persons 
above  named  viz:  W"^  Meaker,  Jeifery  Jones,  Luke  Watt- 
son  Nicholas  Carter,  Samuel  Mash  SenV  John  Ogden  JunV 
Joseph  Meaker  <k  Hurr  Tompson,  found  guilty  by  the  ver- 
dict of  the  jury,  and  they  appearing,  the  court  do  assess 
William  Meaker  to  pay  five  pounds  and  the  other  seaven 
persons  to  pay  three  pounds  each  man  to  the  use  of  His 
Majesty,  and  that  the  Marshall  of  the  court  do  distrain  the 
said  severall  sums  upon  the  goods  and  chattels  of  the  said 
several  persons,  and  the  same  bring  to  sale,  and  return  the 
overplus  to  the  owners.  ; 


88  NKW   JKRSEV   roLONIAi.    DOcrMENTS.  [1672 


ConfiriiKit'idii    of   Vi'iia'in    Privilef/efi  to   MahUdoirn    and 

[From  •' Grants  and  Couressions,''  p.  G(i3;  "  East  Jeraej-  Kecoids,"  Liber  3,  p.  53.] 

Governor  Carteret  to  the  Patentees  of  Middletown 
AND  Shrewsbury. 

I^ew  JetHpy  Mmj  2S"'  1(572  * 
Upon  the  address  of  James  Qro^ter^  John  Bovme,  Riclk- 
ard  UarUltorne^  Jonathan  ITohnex^  Pattentees,  and  Jonea 
Ashton,  and  John  TlauHe^  Associates,  impoAvered  by  the 
Patentees  and  Associates  of  the  Towns  of  Mhldh'toum  and 
Shrewf<hury,  unto  the  (fovernor  and  (^onncil  for  Coniirina- 
tion  of  certain  Priviledges  granted  unto  them  h}'^  Coh 
Jiichafd  Nicolh,  as  by  Patent  under  Ins  Hand  and  Seal 
bearing  Date  tlie  S***  Day  of  Aj}?'/'l,  Anno  Doiiilni,  One 
TJa)ti,san(l  .^/\ij  Ilandrcd  Sixtij  five,  the  Governoi'  and  Coun- 
cil do  confirm  niito  the  said  Patentees  and  Associates,  these 
Particnhirs  following,  being  their  Rights,  contained  in  the 
aforesaid  Patent,  viz 

Impinnih  That  tlie  said  l^atentees,  and  Associates,  have 
full  Power,  License  and  Authority  to  dispose  of  the  said 
Lands  ('Xi)ressed  in  the  said  Patent,  as  to  them  shall  seem 
meet 

II  That  no  Ministerial  Power  or  Clergyman  shall  be 
imposed  on  among  the  Inhabitants  of  the  said  Land,  so  as 
to  inforce  any  that  are  contrary  minded  to  contribute  to 
their  maintenance. 

1  These  towns  were  not  represented  in  the  disorganizing  assemblies  of  11)71  and 
1672,  and  I'or  their  raithfulueas  to  the  Proprietors,  and  having  surrendered  their 
claims  under  the  Nieolls'  grant,  received  this  recognition  of  their  rights  in  return, 
in  anticipation  of  the  general  instrument  given  by  Sir  (Jeorge  ("arteret  on  the  >ilstof 
.Inly,  107-1.  See"  Giants  and  Concessions,"  p.  50,  and  "  East  Jersey  Under  the  Pro- 
prietary (Jovernments,"2dEdit.,  p.  Hi!,  note.    Ki). 

2  The  "East  Jersey  Records "  have  the  date  at  ihe  foot,  prefaced  with  "Bergen 
Juri.sdiction  in  the  Province  of  New  Jersey,"  and  the  names  read  as  follows  :  "James 
Grover,  John  Bowue,  Jonathan  Holmes,  Richard  Hartshonie,  .John  Hause  and  James 
AshtoD  Impowered  &c.,"  no  difference  being  made  between  "  Patentees  "  and  "  Asso- 
ciatea."    £d. 


1672]  PROTEST    AGAINST   .TAMES    CARTERET.  ^9 

III  That  all  Causes  whatsoever,  (Criminals  excepted) 
shall  first  have  a  hearing  within  their  Cognizance,  and  that 
no  appeals  unto  higher  Courts  where  Sentence  have  been 
passed  amongst  them  under  the  Value  of  T<'n  Ponvdx  l)e 
admitted. 

lY  That  all  Criminals  and  Appeals  ahove  the  Value  of 
Ten,  Poundft,  which  are  to  be  refered  unto  the  aforesaid 
higher  Courts,  shall  receive  their  Determination  thei-e : 
Appeals  to  his  Majesty,  not  to  be  hindered. 

V  That  for  all  Commission  Ofhcers  both  Civil  and 
Military ;  the  Patentees,  Associates  and  Freeholders,  have 
Liherty  to  present  two  for  each  OfMce  to  the  Governor 
whom  they  shall  think  fit,  one  of  which  the  Governor  is  to 
Commissionate  to  execute  the  said  Office,  and  that  they 
have  Liberty  to  make  peculiar  prudential  Laws  and  Con- 
stitutions amongst  themselves  according  to  the  Tenor  of 
the  said  Patent  Ph.  Carteret 

John  Berry  Lawrence  Andress 

Samuel  Edsall  John  Pike 

J(^hn  Bishop 


Declaration  and  Protedation  of  the  GoDevnov  and  Couned 
Against  James  Carteret. 

[From  "  East  Jersey  Records,"  Liber  3.,  p.  53.] 

A  Declaration  &  Protestation  of  the  Hon^""  Phillip  Car- 
teret Esq*"  Govern'.'  of  the  Province  of  New  Jersey  &  his 
Councill,  unto  all  the  Lihabitants  in  the  Several  Townes 
and  Plantations  in  the  Province  abovesaid  as  followeth. 

Whereas,  We  are  certainly  Liformed  of  several  Ei-egular 
&  Illegal  proceedings  &  Actions  of  several  Persons  styling 
themselves  The  Deputies  or  Representatives  for  the  Coun- 
try, in  Attempting  the  making  an  Alteration  in  this  Gov- 
ernment by  Assembling  together  at  Elizabeth  Towne,  the 


do  NEW   .tERSEV   C0t,0l4lAL    DoCUMEtJTS.  [167^ 

toui'teenth  day  of  May  Last  under  the  Denomination  afore- 
said, without  writts  from  the  Governor  or  without  tlie 
knowledj^e  approbation  or  Consent  of  tlie  Governor  and 
Couneill  abovesaid,  cV:  by  Electint^  a  President  for  the 
Country  and  making  Proclamation  publickly  of  these  their 
]lleii:al  Actions  All  which  tends  only  to  Muteny  and  Kebel- 
liun  and  to  the  Disquitement  of  the  Peaceable  Inhabitants 
of  this  Province,  and  is  altogether  Contrary  to  the  Consti- 
tution of  tlie  Government  and  the  Interest  of  the  Lords 
Pro})rietors  which  we  are  by  o'  oatlies  bound  to  maintain 
to  the  ntmost  of  our  Power,  according  to  our  best  Skill  & 
Judgment.  We  therefore  in  his  Majestys  Name  do  strictly 
charge  and  Command  all  and  every  person  or  persons,  that 
hath  had  any  hand  in  these  Illegal  Actings,  imediately 
upon  Publication  hereof  to  desist  from  all  such  Illegal 
proceedings  and  to  yield  due  obedience  unto  the  Govern- 
ment of  the  Lords  Proprieters  and  their  Governor  Phillip 
Carterett  Esqr  (who  is  by  them  commissionated  for  that 
service)  and  his  Couneill  nntill  the  Lords  Pleasure  is  to 
Connnissionate  some  other  person  for  that  pui'pose  and  the 
same  be  Legally  Published,  which  if  they  shall  readily  doe 
The  Governoi"  and  Couneill  will  as  readily  ])ass  by  the 
faults  by  them  Committed  Judging  that  they  have  been 
misled  by  111  Advice  And  that  the  Chief  Actors  in  these 
Illegfill  procedings  viz*'  those  who  call  themselves  Deputies 
for  Elizabeth  Towne  Newark,  Woodl)ridge,  New  Piscata- 
way  and  one  from  Bergen,  doe  within  ten  days  after  Publi- 
cation hereof  Come  and  Declare  their  submission  unto  the 
Governor  &  (lovernm!  as  abovesaid  in  writing  under  their 
hands,  upon  which  their  submission  so  declared,  We  The 
Governor  and  Couneill  doe  hereby  Promise  and  Engage 
that  their  lUegall  Actions  as  touching  the  Premisses 
before  Publication  hereof  shall  be  buried  in  Oblivion,  but 
if  they  the  said  Persons  shall  still  persist  in  such  kind  of 
Illeirall  Actions  or  not  declare  their  Submission  as  is  above 
Expressed,  they  shall  be  proceeded  against  as  Mutineers  & 
as  Enemies  to  the  Government  Peace  and  Welfare  of  this 


1672]  PftoTESt   AGAINST   JAMES   CAftTfiRfiT.  Dl 

Province,  and  we  do  further  declare  that  o*"  hearty  desires 
are  tliat  these  Breaches  may  he  peaceahly  healed  and  that 
we  may  all  Live  in  Peace  Love  and  Amity  each  with  others, 
all  persons  conscienciously  ohserving  the  respective  Duties 
in  their  Several  Stations  &  Relations,  But  if  these  o"" 
desires  doe  unhappily  Fail  us  of  o'"  hoped  Expectation,  We 
doe  hereby  Declare  and  Protest  against  all  such  Ijlegall 
Actions,  &  must  &  shall  in  faithfulness  to  the  trust  reposed 
in  us  and  discharge  of  o""  oaths  put  in  Execution  that  Power 
and  Authority  that  we  have  from  the  Lords  Proprietors 
upon  all  persons  that  shall  obstinately  persist  in  any  such 
Mutinuous  Actions  or  Attempt  &  if  by  this  means  there 
should  be  any  blood  shed  We  do  hereby  Cleer  our  Selves 
before  God  &  Man  from  the  Guilt  thereof.  It  is  the  Gov- 
ernor &  Councills  pleasure  that  the  Declaration  be  Pub- 
lished by  the  Constable  of  each  respective  Towne  Avithin 
this  Province  at  a  full  Town  meeting,  &  the  Same  to  keep 
in  his  Custody  &  Let  any  Person  or  Persons  have  Copies 
thereof     Dated  in  Bergen  Jurisdiction  this  2S^^  May  1672. 

Phillip    Carteret. 

Robert  Vauquellin  Samuel  Edsall 

John  Bishop  John  Berry 

Lawrence  Andres  W**  Pardon 
John  Pyke 


Letter  fi'om  the  Council  to  Governor  Carteret. 

[From  "  East  Jersey  Records,"  Vol.  IT.,  Liber  3,  p.  57.] 

To  the  Hono^f  Phillip  Carteret  Esq""  Governor  of 
the  Province  of  New  Jarsey  June  IS*?*  1B72 

Hon'*  Governo'',  Wee  underwritten  in  the  Capacity  of 
Councillors  to  your  lionnr.  having  taken  into  our  Serious 
considerations  the  many  Complaints  of  the  Inhabitants  of 
this  Province  which  daily  Sounds  in  our  Eares  besides 
what  we  have  Seen  with  our  Eyes  Concerning  the  Strange 
and  Iregular  proceedings  of  Cap.^  James  Carteret  and  Sev- 


92  NEW   .TKRSEY   roT.ONIAT.   DOCUMKKTft.  ['1C72 

erall  other  persons  pretendinti:  to  Act  as  Deputies  for  tlie 
Country  Wee  Judtre  we  are  by  all  obligations  and  duty 
sworne  to  use  our  interest  Cai'e  and  Endeavour  both  by 
Our  Advice  to  your  J I  on!,  or  any  other  ways  prevent  the 
Mischief  feared  and  to  redress  what  is  already  Illegally 
Acted.  Aiul  altlio  to  Sum  ])ersons  it  may  Seenie  no  hard 
task  to  l)i-ing  order  out  of  this  Confusion  yet  upon  delib- 
erate Consideration  We  finding  no  means  to  regulate  these 
disorders  without  the  Administration  of  Justice  as  well 
upon  a  person  so  Near  related  to  one  of  y^  Hon"'*  J^ords 
Proprietoi's  as  others,  M'hose  Honn*^  rejmtation  and  Interest 
together  with  the  Peace  of  the  Publick  we  had  rather  pre- 
serve with  the  Adventure  of  our  Lives  &  Estate  (which  in 
this  Juncture  we  hazard)  then  make  use  of  such  Adminis- 
tration and  so  briiii;  a  blot  and  Stayn  on  that  Family  ;  our 
humble  re(|uest  therefore  is  to  your  Honn''  that  you  would 
be  pleased  to  Order  your  All'airs  here  so  as  that  you  nuiy 
in  your  owne  person  liepair  to  England  to  Sir  George  Car- 
teret to  Accpiaint  his  Ilonn'"  fully  of  the  State  of  the 
Affaires  &  (li-eivances  of  this  Province,  which  we  hope 
will  produce  his  Commands  u})on  his  Son  to  desist  fi'om 
Such  Ij-egularities  &  Ord''  him  to  proceed  with  other  per- 
sons Concerned  therein  So  Praying  God  to  Direct  you  we 
take  Leave  and  remaine 

Yo""  Honl'^  Humble  Serv*" 
Wti-liam  Pakoon  Lawrenck  Anhres 

JiUiN  Berrv  Robert  Yauquiixik 

Samuel  Edsall  John  Bishop 

John  Pyke 


Oiuhr  Piut}t'i}>'ithi(j  thi'  Kvt'i'riM'  of  any  AuthorUij  i ii  Brv- 
(jt  It  not  St(i«i'toio'(l  hij  the  Gmu'i'nor. 

I  From  "  East  Jersey  Records,"  Liber  H,  p.  54.  ] 

New  Jaisey  IT:  June,  1072 — 

These  are  in  his  Maj"!"*  name  to  AVill  &  require  you  that 
in  case  anie  Writt  or  Writts  should  be  sett  up  or  otherwise 


1672]  COMMISSION    OF    SAMUEL    MOORE.  93 

published  within  the  Towne  &  Corporation  of  Bergen  by 
or  under  anie  other  Authoritty  then  myselfe  as  yo'  Gover- 
nor that  neither  you  nor  anie  other  person  within  yoT  Juris- 
diction yield  anie  obedience  thereunto.  But  that  yo"  forth- 
with pull  downe  all  or  anie  such  Writt  or  Writts  or  other 
Writeings  so  j^ublished  and  cause  the  same  forthwith  to  be 
conveyd  unto  mee,  as  you  will  answer  the  contempt  of 
this  my  especiall  Warrant.  Given  under  my  hand  and 
Scale  the  day  and  yeare  above  written. 

[Ph.  Carteeet.J 


Coiniiiisi<ion  of  Samuel  Moo  re  ^  from  the,   (\)uncU  (f  Kast 
Jersey,  to  Hep  resent  them  in  Enyland. 

[From  "East  Jersey  Records,"  Liber  3  of  Deeds,  p.  1'21.J 

Mr  Samuel  Moore, 

Haveing  comitted  the  Management  of  o*"  Complaints  and 
Adresses  to  ye  Lords  proprietors  about  ye  Emergent  and 
Waighty  affaires  of  this  provience  unto  o'  horn^'  Governo'" 
Phillip  Carteret  Esq!'  Wee  under  subscribed  Doe  order  you 
according  to  the  trust  reposed  in  you  to  bee  ayding  and 
assisting  to  ye  sd  Governo''  in  y'^  managem*  &  speedy  dis- 
patch of  the  premisses  to  the  utmost  of  yo"'  Capacity  and 
power  and  in  case  of  death  sickness  or  any  other  thing  that 
may  prevent  o''  Governo''  Acting  Effectually  herein,  our 
order  is  that  you  Imediately  with  as  much  speed  as  may  be 
make  yo''  Adress  unto  the  Lords  proprietors  of  this  Prov- 
ince for  their  speedy  and  Eft'ectuall  settlement  of  ye 
public  affaires  of  the  same,  soe  as  to  prevent  the  outrage 
of  ill  affected  p''sons  w'^."  tend  only  to  unsettlement  <k. 
Kuine,  and  to  assure  y^  honest  and  well  affected  Inhabit- 
ants of  their  Lives  Liberties  and  Estates  w'''out  Molestation 
or  Literrnption  by  violent  and  Irregular  Means.  The  faith- 
full  p''formance  whereof  will  much  oblige  yo''  friends  and 
fellow  sufferers  in  these  public  Distractions,  Dated  New 


94r  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1672 

Jersey  July  the  first  1H72  and  signed  by.  John  Berry, 
John  Pike,  Samuell  P'dsall,  John  Bisliop  Robert  Vau- 
qnellin,  William  Pardon  &  Lawrence  Andrissen. 


yl'A//v.v,v  iff  f/n    ('(Hiiicil  io  tin    Loids  J*r(>2>ri<f<ii'f!. 

|Fiom  "  East . Jersey  Kecordw,"  Liber  3,  p.  55.] 

To  the  Kight  Hon'''''  John  Lord  Berkley  Baron  of 
Stratton  &  Sir  George  Carteret  Knight  and  Baronet  the 
absolute  Lords  Proprietors  of  the  Province  of  New  Cesarea 
or  New  Jersey.  Tlie  A(l(h'ct<f<  of  us  whose  names  are  sub- 
scribed  being  of  the  Councill  of  your  Hon*"'^  Governor 
here — 

Humbly  shewetu.  That  whereas  Several  persons  in 
this  Province  who  have  a  Long  time  been  discontented  & 
Oposit  unto  the  Governor  &  Government  who  liave  of 
Late  by  their  plottings  ife  Combinations  so  (^arried  mat- 
ters that  they  have  had  such  Intiuencc  into  the  Election  of 
Deputies  for  the  Assemblys  as  that  there  are  such  persons 
chosen  as  Deputies  who  having  avoided  taking  the  Oath 
of  Assem])lymcn  according  to  the  Concessions,  c\:  have 
taken  Liberty  to  differ  from  the  Governor  and  Councill  in 
Kstablishing  matters  for  the  Peace  and  Settlement  of  the 
People,  and  have  now  At  last  disorderly  Assembled  and 
procured  (^ap'  James  Carterett  as  their  President,  mIio 
JoyiR'd  with  them  in  making  disturbance  in  this  Province, 
lie  taking  ui)on  him  to  head  the  said  persons  endeavouring 
not  only  to  disingage  the  people  subjection  unto,  but  also 
opposing  and  abusing  the  Governor  ife  Councill,  command- 
ing their  Obedience  to  himself  by  virtue  of  his  Warrants 
M'hich  he  puts  forth  in  the  King's  Name  for  that  end,  & 
also  Prohibiting  such  Otticere  as  act  by  the  Governo''*  Com- 
mission, and  Commanding  them  wholy  to  cease  acting  in 
their  oftices  untill  they  receive  orders  from  himself  ;  and 
unto  such  a  hight  hatli  he  proceeded,  that  he  hath  Impris- 
oned Several  persons,  in   ])'ticular  the  Deputy  Secretary, 


1672]  ADDRESS  OF  COUNCIL  TO  THE  PKOPRIETOKS.  95 

for  Executing  his  Office,  wlio  having  by  the  Governor's 
order  made  an  Escape  out  of  his  hands,  we  understand 
they  have  seized  his  goods,  and  the  Like  we  Expect  daily 
will  be  the  Condition  of  all  others  that  will  not  concurr 
with  his  lUegall  proceedings,  he  giving  forth  Continual 
threatenings  against  those  that  doe  not  obey  his  orders  and 
having  persons  adhering  to  him  that  probably  will  be  ready 
to  Execute  his  Will  so  as  they  may  have  the  Plundering 
of  o'""  Estates,  and  all  tliese  proceedings  be  carried  on  with 
pretence  that  he  hath  Power  sufficient  he  being  Sir  George 
Carterett's  Sonn  and  that  he  himself  is  Proi:)rietor  and  can 
put  out  the  Governor  as  liee  pleases  and  that  his  Eather 
hath  given  him  his  part  of  the  Province  ;  although  he  doth 
not  shew  any  grant  or  Commission  or  Legal  Power  to  doe 
any  such  thing,  but  saith  he  Scorneth  to  Shew  his  Power 
to  such  fellowes  as  wee,  neither  need  he  so  do  do  being  on 
his  own  Land.  And  as  for  the  Lord  Berkley's  part  he 
saith  that  is  but  a  small  matter  ;  so  that  pretending  him- 
self to  be  Proprietor  his  proceedings  gives  the  greater 
hopes  to  his  followers,  and  Consequently  are  the  more 
dangerous  as  to  your  Honnour's  Interest  and  the  Inhabitants 
peace  and  safety,  both  in  respect  of  Liberty  and  Estate,  if 
not  Life  also,  according  as  their  Outrage  may  prevail :  and 
those  that  doe  not  submit  &  yield  Obedience  to  his  Orders 
and  Commands  but  doe  appeare  to  be  faithfull  to  your 
Honnours  Interest  and  Government  because  of  their  Oath 
they  have  taken,  they  are  in  Continual  Danger  of  being 
surprised  and  imprisoned  by  him  ;  all  which  Actings  of  his 
do  Evidently  tend  to  the  ruin  of  The  Province  as  to  your 
Honno""^  Interest  for  either  we  must  comply  with  him  and 
liis  followers  and  their  proceedings,  who  aim  to  get  all  into 
their  own  hands,  or  Else  we  must  remove  out  of  the 
Province,  Except  he  doth  prevent  us  by  Casting  us  into 
Prison  ;  and  although  hee  be  Sir  George  Carteretts  Sonn, 
vfc  for  his  Father's  sake  we  Honnour  him  accordingly, 
yet  our  owne  reason  doth  persuade  us  to  believe  that  his 
jjQj^bie  j'ather  will  never  Countenance  his  son  in  such  dis- 


96  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1673 

honrahle  unjust  A:  Violent,  pruceedings,  whioli  tends  to 
nothing  but  ruin  ;  Tiie  Consideration  wliereof  doth  neces- 
sitate &  imbolden  us  to  Crave  your  Honor™  speedily  to 
Contrive  a  sutahle  and  Effectual  means  For  the  suppres- 
sion of  these  lUcgall  and  violent  proceedings  (the  particul- 
lars  whreof  we  leave  to  the  (.-Jovernor's  Kellation)  which 
tends  so  much  to  tlie  Damage  botli  of  y""  Hon™  and  y*  faith- 
full  Inhabitants,  tt  preventing  them  and  others  ]Vgressing 
in  the  settlement  of  the  Province,  Least  the  delay  of 
Speedy  remedy  produce  such  sad  Effects  here  as  the  Like 
Proceedings  formerly  did  in  the  Lord  Baltimore's  Govern' 
ment  in  Maryland  ;  one  M-ay  to  prevent  which,  the  Governor 
with  our  advice  hath  resolved  formally  to  wait  upon  your 
Honn'"  thereby  to  Endeavour  the  Curing  this  wound  by 
speedy  Medicine  which  delay  may  Cause  to  Gangrene,  and 
to  leave  Cap'  John  Berry  his  Deputy  to  officiate  in  his 
Absence. — And  furthermore  if  it  may  please  your  Honn"^ 
to  Favour  us  so  far  as  that  we  may  suggest  unto  your 
llonnours  a  word  or  two  which  tendeth  to' remove  an 
Impediment  as  unto  those  that  desire  to  Come  to  Settle  in 
this  Province,  and  also  save  Discouragements  which  is  upon 
the  Sj)irits  of  your  faithfull  Inhabitants,  that  doe  willingly 
Comply  unto  your  Jlonnours  Concessions;  namely,  that 
your  llonnours  be  })leased  to  Confirm  these  Charters  and 
Pattents  already  granted  by  our  (Governor  and  his  Councill, 
and  also  Whereas  the  Concessions  require  one  half  penny 
p""  acre  in  Currant  Money  of  England,  That  yor.r  noniU)urs 
be  pleased  to  signify  under  your  hands  your  Acceptance 
tliereof  in  such  Pay  as  groweth  in  the  (^ountry  at  Merchant's 
price ;  all  which  being  favouralvly  Effected  we  humbly 
Conceive  will  much  tend  to  the  Settlement  of  the  People 
and  Prosi)erity  of  the  Province  ; — Craving  pardon  for  our 
boldness  we  beseeech  the  God  of  Wisdom  to  Give  your 
llonnours  a  Spirit  of  discerning  to  see  where  Integrity  and 
faithfullness  are  tixt  and  where  private  designs  are  driven 
at  that  you  may  Administer  that  which  is  Just  and  Equal 
to  all,  Encouragement  to  those  that  merrit  it  and  Eeproof 


1672] 


DUKE    OF   YORK   TO    GOV.    LOVELACE. 


97 


to  Evil  doers.     We  wish  your  Honnours  peace  and  pros- 
perity in  this  Life  and  Glory  in  that  to  come  &  subscribe — 
Yo""  Honno""*  faithfull  &  hmiible  servants — 


(Xcr^ln^  /p:l^ 


Province  of  New  Jersey  July  1^'  1672 


Letter  from,  the  Duhe  of  York  to  Governor  Lovelace. 

[From  "Grants  and  Concessions,"  p.  31.] 

Copy  of  His  Royal  Highness  the  Duke  of  York's 
Letter  to  Colonel  Lovelace. 

Colonel  Lovelace, 

I  Did  in  the  Year  1664  by  Deed  under  my  Hand  and 
Seal  of  the  24th  of  June,  for  the  Consideration  therein 
mentioned,  Grant  unto  John  Lokd  Berkley,  of  Stratton, 
and  Sir  George  Carteret,  Knight  and  Baronet,  their 
Heirs  and  Assigns,  all  that  Tract  of  Land  adjacent  to  Wew- 
England  to  go  Westward  of  Long-Island  and  Manhatans 
Island,  as  the  same  is  Bounded  and  set  forth  in  and  by  the 
said  Deed,  with  all  Appurtenances  whatsoever  to  the  said 
Lands  and  Premises  belonging,  in  as  full  and  ample  Man- 


98  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1672 

ner  as  tlie  same  is  Granted  unto  me  by  Ilis  Majesty's 
Letters  Patents,  under  the  Great  Seal  of  England^  Bearing 
Date  the  12th  Day  of  March.,  in  the  15th  Year  of  His 
Majesty's  Reign  ;  of  which  said  Premises  they  were 
actually  possessed  by  Virtue  of  an  Indenture  of  Lease  by 
me  made  unto  them,  all  which  hath  been  sufficiently 
notified  in  those  Parts  ;  both  by  the  said  Grantees  pub- 
lickly  pursuing  the  End  of  the  said  Grant,  and  by  my 
Letters  of  the  28th  of  JVovemher  16^54  to  Colonel  JVirhoUs^ 
then  Governor  of  my  Territories  in  Amenca,  signifying 
the  same  to  him,  and  requiring  him  and  all  others  therein 
concerned,  to  yeild  their  best  Assistance  in  the  quiet  Pos- 
session and  Enjoyment  of  the  Premises  to  all  such  Persons 
as  my  said  Grantees  should  at  any  Time  appoint,  and 
Authorize  to  negociate  their  Affairs  in  those  Parts. 

Nevertheless  I  am  informed  that  some  coJitentious 
Persons  there,  do  lay  Claim  to  certain  Ti-acts  of  these 
Lands,  under  colour  of  pretended  Grants  thereof  from  the 
said  Colonel  jVic/tolls,  namely  one  of  the  first  of  December 
16H4  to  John  Baker  and  his  Associates;  and  another  of 
the  8th  of  April  to  William  Goldine/  and  his  Associates ; 
both  which  Grants  (being  posterior  to  my  said  Grant  of 
the  24th  oi  June)  as  I  am  informed  are  void  in  Law,  and 
therefore  I  would  have  you  take  Notice  yourself,  and  when 
Occasion  offers,  make  known  to  the  said  Persons,  and  to 
all  others,  if  any  be  pretending  from  them,  that  my  Inten- 
tion is  not  at  all  to  countenance  their  said  Pretentions  nor 
any  other  of  that  kind,  tending  to  derogate  in  the  least 
from  any  Grant  abovementioned  to  the  said  John  Lord 
Ekrkei.ky  and  Sir  Georoe  Carteret,  their  Heirs  and 
Assigns  ;  and  they  m}'  said  (Trantees,  having  jDromised  to 
give  effectual  Directions  to  their  Deputies  and  Agents 
there  to  be  assisting  to  you,  I  do  desire  you,  and  all  others 
herein  concern'd,  in  like  manner  effectually  to  assist  them 
in  furthering  the  Settlement  and  maintaining  the  quiet  of 
these  Parts.  Your  Loving  Friend  James. 

Whiiehall  25th  of  Kovemher,  1672    ' 


1672]  MEANING    OF    THE    CONCESSIONS.  99 


The  Lords  Proprietors'  Declaration   of  the  True  Intent 
and  Meaning  of  their  Concessions. 

[From  "  Grants  and  Concessions."  p.  32.] 

A  Declaration  of  the  true  intent  and  Meaning  of 
us  the  Lords  Proprietors,  and  Explanation  of 
there  Concessions  made  to  the  Adventurers 
and  Planters  of  New-Caesarea  or  New  Jersey. 

I.  That  as  to  the  6th  Article,  it  shall  be  in  the  Power 
of  the  Governor  and  his  Conncil  to  admit  of  all  Persons 
to  become  Planters  and  free  Men  of  the  said  Province, 
without  the  General  Assembly  ;  but  no  Person  or  Persons 
whatsoever  shall  be  counted  a  Freeholder  of  the  said 
Province,  nor  have  any  Vote  in  electing,  nor  be  capable  of 
being  elected  for  any  OtKce  of  Trust,  either  Civil  or  MiH- 
tary,  until  he  doth  actually  hold  his  or  their  Lands  by 
Patent  from  us,  the  Lords  Proprietors. 

II.  As  to  the  8th  Article,  it  shall  be  in  the  Power  of 
the  Governor  and  (/'ouncil,  to  constitute  and  appoint  such 
Ministers  and  Preachers  as  shall  be  nominated  and  chosen 
by  the  several  Corporations,  without  the  General  Assembly, 
and  to  establish  their  Maintenance,  giving  Jjiberty  besides 
to  any  Person .  or  Persons  to  keep  and  maintain  what 
Preachers  or  Ministers  they  please. 

As  to  the  General  Assembly. 

I.  That  it  shall  be  in  the  Power  of  the  Governor  and 
his  Council  to  appoint  the  Times  and  Places  of  meeting 
of  the  General  Assembly,  and  to  adjourn  and  summon 
them  together  again  when  and  where  he  and  they  shall  see 
Clause. 

TI.  To  the  Third ;  That  it  is  to  be  understood,  that  it 
is  in  the  Power  of  the  Governor  and  his  Council  to  consti- 


loo  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1672 

tnte  and  appoint  Courts  in  particular  Corporations  already 
settled,  without  the  General  Assembly  ;  but  for  the  Courts 
of  Sessions  and  Assizes  to  be  constituted  and  established 
by  the  Governor  Council  and  Representatives  together  : 
And  that  all  Appeals,  shall  be  made  from  the  Assizes,  to 
the  Governor  and  his  Council,  and  thence  to  the  Lords 
Proprietors  ;  from  whom  they  may  appeal  to  the  King, 
and  that  no  more  Corporations  be  confirm'd  but  by  or  with 
the  special  order  of  us  the  Lords  Proprietors. 

III.  To  the  ninth  Article :  That  the  Governor  and  his 
Council  may  dispose  of  the  Allotments  of  Land  to  each 
particular  Person,  without  the  General  Assembly  accord- 
ing to  our  Directions,  as  he  and  they  shall  think  fit. 

Concerning  the  Governor. 

I.  As  to  the  second  and  third  Article  ;  all  Officers 
Civil  and  Military  (except  before  excepted)  be  nominated 
and  appointed  by  the  Governor  and  Council,  without  the 
General  Assembly,  unless  he  the  said  Governor  and  Coun- 
cil shall  see  occasion  for  their  Advice  and  Assistance. 

II.  As  to  the  fourth  Article,  in  case  of  foreign  Invasion 
or  intestine  Mutiny  or  Rebellion  ;  it  shall  be  lawful  for  the 
Governor  and  his  Council  to  call  in  to  their  Aid,  any  Per- 
sons whatsoever  whether  Freeholder  or  not. 

III.  That  in  the  Sixth  Article,  concerning  the  regular 
laying  out  of  Lands,  Rules  for  Building  each  Street  in 
Townships,  and  Quantities  of  Ground  for  each  House  Lot, 
the  same  is  left  to  the  Freeholders  or  first  undertakers 
thereof,  as  they  can  agree  with  the  Governor  and  Council, 
and  not  to  the  General  Assembly,  but  to  be  laid  out  by  the 
Surveyor  General. 

IV.  That  all  Wai  rants  for  Lands  not  exceeding  the 
Proportions  in  the  Concessions,  being  only  sign'd  by  the 
Governor  and  Secretary  shall  be  effectual  in  Case  his  Coun- 
cil or  any  Part  of  them  be  not  present. 

We  the  Lords  Proprietors  do  understand  that  in  all 


1672]  DECLARATION    OF   THE    PROPRIETORS.  101 

Generall  Assembly's,  the  Governor  and  his  Council  are 
to  set  by  themselves,  and  the  Deputies  or  Representa- 
tives by  themselves,  and  whatever  they  do  propose  to  be 
presented  to  the  Governor  and  his  Council,  and  upon 
their  Confirmation  to  pass  for  an  Act  or  Law  when  Con- 
firm'd  by  us.  Witness  our  Hands  and  Seals  the  6th 
Day  of  December^  1672.  John  Berkley. 

G.  Carter  ET. 

The  Declaration  of  the  Lords  Pro])rietors  to  the  Inhabit- 
ants of  New  Jersey. 

[From  "Grants  and  Concessions,"  p.  35.] 

The  Declaration  of  Us  the  Lords  Proprietors  of 
the  Province  of  New-Csesarea  or  New-Jersey, 
To  all  Adventurers,  Planters,  Inhabitants,  and 
all   other  Persons   to  whom  it   may   Concern 
within  any  Town  and  Plantations  in  the  said 
Province. 
We  being-  made  very  sensible  of  the  great  disorders  in 
the  said  Province  occasioned  by  several  Persons,  to  the 
great  Prejudice  of  ourselves,  our  Governor  and  Council, 
and  all  other  peaceable  and  well  minded  Inhabitants  with- 
in our  said  Province,  by  claiming  a   Right  of  Propriety 
both  of  Land  and  Government. 

I.  We  do  therefore  hereby  declare,  that  all  Lands  granted 
by  our  Governor  to  the  28th  of  July  1672,  and  confirm'd  in 
our  Names  by  Patents  or  Charters  upon  Record  in  our 
Secretary's  Office,  and  under  our  Province  Seal,  sign'd  by 
him,  and  the  Major  Part  of  his  Council,  shall  remain  to 
the  particular  Owners  thereof,  their  Heirs  &c.  for  evei-, 
with  all  the  Benefits,  Proffits  and  Priviledges  therein  con- 
tain'd,  they  performing  what  they  are  obliged  unto  in 
every  of  the  said  respective  Patents  or  Charters. 

II.  For  such  as  pretend  to  a  Right  of  Propriety  to 
Land  and  Government,  within  our  Province,  by  virtue  of 
any  Patent  from  Governor  Colonel  Richard  Nichols, .as 


105  NEW    JERSEY    COLOXIAI.    DOCUMENTS.  [1672 

they  igiiorantly  assert,  we  utterly  disown  any  sucli  thing. 
A  Grant  they  had  from  him  upon  such  Conditions  which 
tliey  never  perform'd  :  For  by  tlie  said  Grant  they  were 
obliged  to  do  and  perform  such  Acts  and  things  as  should 
be  appointed  by  His  Royal  Highness,  or  his  Deputies ;  the 
Power  whei-eof  remains  in  us  by  Virtue  of  a  Patent  from 
liis  said  Royal  Highness,  bearing  Date  long  before  these 
Grants  ;  which  hath  been  often  declared  by  our  Governor 
(and  now  ratified  and  owned  under  the  sign  Manual  of  his 
said  Royal  Highness  to  Colonel  Lovelace,  bearing  Date 
the  25th  of  November  1672)  who  demanded  their  submis- 
sion to  our  Authority,  and  to  Patent  their  Land  from  us, 
and  pay  our  (^uit  Rent  according  to  our  Concessions ; 
which  if  they  had  done,  or  shall  yet  do,  we  are  Content 
that  they  shall  enjoy  the  Tract  or  Tracts  of  Land  they  are 
settled  upon,  and  to  have  such  other  Priviledges  and 
Immunities  as  our  Governor  and  Council  can  agree  upon  ; 
but  without  their  speedy  com])liance  as  above  said,  we  do 
hereby  Order  our  Governor  and  our  Council  to  dispose 
therefore  in  whole  or  in  part,  for  our  best  Advantage  to 
any  other  Persons.  And  if  any  Person  or  Persons  do 
think  they  have  injustice  or  wrong  done  by  this  our  possi- 
tive  Determination,  they  may  address  themselves  to  the 
King  and  Council ;  and  if  their  Right  to  that  LaTid  or 
(lovernment  appears  to  be  better  than  ours,  we  will  readily 
submit  thereunto. 

HI.  Our  Order  is,  that  those  Persons  that  were  the 
chief  Actors  in  attempting  the  making  an  Alteration  in 
our  Government,  be  proceeded  against  according  to  a 
Declaration  of  our  Governor  and  Council,  bearing  Date  the 
Twenty-Kajhth  Day  of  May  1672,  except  they  shall  imme- 
diately upon  Publication  hereof  make  their  Addresses  to 
our  Governor  and  Council  for  remission  of  their  Offences. 
And  that  all  Persons  that  have  sustain'd  any  Loss  or 
Damage  by  maintaining  our  just  Right  and  Interest  since 
the  26tli  Day  of  March  1672  may  have  Reparation  in  Law, 
Vith  their  Charges  they  have  and  shall  be  at  in  any  Court 


1672]  DECLARATION    OF    THE    PROPRIETORS.  103 

or  Courts  within  our  said  Province,  that  are  or  shall  be 
constituted  and  comniissionated  bj  special  Commission 
from  our  Governor,  according-  to  a  declaration  by  our 
Governor  and  Council  bearino'  Date  the  Third  Day  of 
April  1672. 

IV.  That  all  Grants  of  Land,  Conveyances,  Sur\eys 
or  any  other  Pretences,  for  the  Hold  of  Land  whatsoever 
within  our  said  Province,  that  are  not  derived  from  us, 
according  to  the  Prescriptions  in  our  Concessions,  and 
entered  upon  Record  in  our  Secretary's  Office  in  our  said 
Province,  we  declare  to  be  null  and  void  in  Law. 
•  V.  That  the  Constable  of  every  respective  Town  with- 
in our  Province,  shall  have  Power  by  Warrant  from  our 
Governor  to  take  by  way  of  distress  from  every  individual 
Inhabitant  within  their  respective  Jurisdictions,  their  just 
Proportion  of  Pent  due  to  us  yearly,  beginning  the  25th 
,  Day  of  March  1670,  and  for  his  Charge  and  trouble  about 
the  same,  if  they  refuse  to  deliver  it  in  at  some  convenient 
Place,  which  the  said  Constable  shall  appoint  within  their 
respective  Jurisdictions,  by  the  25th  Day  of  March  Yearly, 
the  Constables  only  to  be  accountable  to  our  Receiver 
General :  And  altho'  our  Concessions  say  it  shall  be  paid 
in  current  or  lawful  Money  of  England,  yet  at  the  request 
of  our  Governor  and  Council,  we  shall  accept  of  it  in  such 
Merchantable  Pay  as  the  Country  doth  produce  at  Mer- 
chants Price  to  the  value  of  Money  Sterling,  and  if  by  this 
Means  we  cannot  obtain  our  Rent,  then  the  Marshal  of  the 
Province  shall  be  impowered  as  abovesaid,  to  Collect  the 
same  at  the  charge  of  such  the  Inhabitants  as  do  refuse  to 
pay  at  the  Time  and  Places  as  aforesaid. 

VI.  That  all  Matters  and  Causes  which  liave  been  tried 
in  our  Province  by  special  Commission  from  our  Gover- 
nor, upon  which  Judgment  hath  pass'd  according  to  Law, 
be  allowed  by  us  and  be  forthwith  put  in  Execution. 
Witness  our  Hands  and  Seals  the  6th  Day  of  Decemhev 
1672.  J.  Berkeley,         {Seal.'] 

G.  Carteret.         \Seal?\ 


104  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1672 


Letter  from  Lords  Berkeley  and  Carteret  to  the  Governor 
and  Council  of  New  Jersey. 

[From  "  East  Jersey  Records,"  VoL  II.,  Liber  3  p.  64  ] 

To  our  Trusty  and  well  beloved  our  Governor  and 
Councell  of  New  Jersey 

Whereas  wee  have  Eeeeived  a  Complaint  made  by  MT 
William  Pardon,^  our  Deputy  Secretary  of  our  said  Prov- 
ince of  Several  Iiidii^nities  Losses  and  Injuries  donn  unto 
him  by  William  Meaker  Constable  of  Elizabeth  Towrte 
and  his  Assistance  Contrary  and  against  the  Lawfull 
Authority  Settled  by  us  Therefore  these  are  to  will  and 
require  you  to  doe  the  said  William  Pardon  Justice  and 
that  he  may  have  due  Satisfaction  for  the  Losses  and 
Injuries  donn  him  of  the  said  William  Meaker  his  Assist-. 
ants  and  all  others,  therein  Concerned  or  by  either  of  them 
according  to  Law.  Given  under  our  hands  at  Whitehall 
the  6*''  day  of  Decemb.  1672. 

Jo:  Berkeley  Geo  Carteret 


Grant  from   the   Lords   Proprietors   to  the    Officers  and 
Freeholders  of  Woodhridge,  and  to  Scmiuel  Moore. 

litem  the  Original  in  New  Jersey  Historical  Society  Manuscripts.] 

To  our  Governo'  &  Councill  as  also  to  y^  Eeceiv""  Gen''all 
of  o'  Prouince  of  new  Cesarea  or  new  Jersey. 

Wee  doe  herein'  signifie  vnto  you  or  either  of  you,  that 
it  is  our  good  will  and  pleasure  to  manifest*  our  grace  & 

1  WiLUAM  Pardon  was  one  of  Governor  Carteret's  Council,  and,  as  its  Assistant 
(or  Deputy)  Secretary  attained  considerable  notoriety  by  retaining  in  his  possession 
some  documents  which  were  called  for  by  the  Assembly.  He  was  arrested  by  order 
of  Captain  James  Carteret,  then  in  power,  and  his  property  confiscated.  He  fled  to 
England,  but  returned  in  107-:!,  bringing  this  letter  with  him.  In  accordance  with  its 
tenor,  under  date  of  July  21st,  lt37-l,  ho  received  a  grant  of  500  acres  of  land,  ["East 
Jersey  Records,"  Vol.  II.,  Liber  3,  p.  113,]  as  partial  remuneration  for  his  services, 
and  was  appointed  Receiver  General.    £d. 


1672]  GEANT   TO    WOODBRIDGE    FREEHOLDEES.  105 

bounty  vnto  y®  Justices  Magistrates  &  freeholders  of  y® 
towne  &  Corporac'on  of  Woodbridge  in  y®  prouince  aboue- 
said  so  farr  foth  as  to  giue  vnto  them  one  third  part  of 
ye  high  or  quitt  rents  due  vnto  vs  our  heires  or  success''* 
for  seuen  yeares  next  to  come  from  y®  date  hereof  after 
w*^*^  time  of  seuen  yeares  they  y®  s*^  Corporac'ons  or  town- 
ship are  to  pay  the  full  proporc'on  of  rent  to  vs  o""  Heires 
and  assignes  according  to  their  Charters  and  Pattents. — 

Wee  doe  further  order  you  o""  Gov'^no'"  and  Councill  or 
Receiv*'  Gen'"all  to  pay  vnto  Samuell  Moore  of  Woodbridge 
or  his  order  for  vs  out  [of  s*^]  Quitt  rents  yearely  for  y® 
space  of  seuen  yeares  next  to  come  from  y^  date  hereof  the 
summ  of  tenn  pounds  yearely,  the  w*^^  wee  wall  allow  of. 

And  wee  Likewise  p'"mitt  you  to  graunt  vnto  Samuell 
Moore  abouesaid  yo""  warrant  ffor  him  to  take  vp  Sixty 
acres  of  Vpland  for  eacli  head  that  properly  belongs  to 
him  (besides  such  hee  hath  already  taken  vp  for)  although 
they  are  not  of  age  according  to  y*^  Concessions  w**^  y® 
Marsh  and  Meadow  ground  adioyning  thereunto,  and  if  no 
Marsh  or  meadow  be  adioyning  hee  may  haue  Liberty  to 
take  so  much  neerest  adiacent  thereunto  as  is  allotted  to 
y*  proporc'on  of  Ypland  according  to  your  discretion  and 
when  Surveyed  to  graunt  him  a  pattent  for  y'*  same  hee 
paying  o!'  Quitt  rent 

Giuen  vnder  our  hands  and  Scales  at  Whitehall  v*  7'^'' 
day  of  December  1672 

Jo  Berkeley  [Seal.]  G:  Carteret  [Seal.] 


The  Lords  Proprietors   to  the   Governor  and  Council  of 
New  Jersey. 

[From  "  Giants  aud  Coucessious,"  p.  37.) 

Directions  for  the  Governor  and  Council  of  New- 
Ccesarea  or  New-Jersey. 

That  the  Land  is  to  be  purchased  by  the  Governor  and 
Council  from  the  Indians,  in  the  name  of  us   the  Lords 


106  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1C72 

Pkopkietoks,  and  then  every  individual  Person  is  to  reim- 
burse us,  at  the  same  Rate  it  was  Purchased. 

That  We  the  Lords  Proprietors  will  build  a  Prison  and 
a  House  for  the  Keeper  at  our  own  proper  cost  and 
charges,  out  of  the  Product  of  the  Quit-rents,  where  the 
Governor  and  Council  shall  shall  think  fit,  and  that  we 
will  send  over  Guns  and  Ammunition  as  a  Magazine,  but 
all  other  Charges  are  to  be  defrayed  by  the  Country ; 
and  that  all  Writs  be  Issued  in  his  Majesty's  Name, 
except  the  Summoning  of  Burgessess,  which  is  to  be  in 
our  names. 

That  in  Case  of  Appeals,  the  Appealant  if  cast  upon  his 
Appeal,  for  EngUuul,  sliall  pay  as  a  fine  to  the  Judge, 
Tioflve  Pouiuhs  besides  all  Costs  and  Damages,  and  to  give 
in  Security  in  One  Hundred  Pounds  there,  for  the  Pro- 
secuting the  same  within  eiglit  Months. 

That  all  Strays  of  Beasts  by  Lands,  and  Wrecks  at  Sea, 
belong  to  us  the  Lords  Profrif.tors,  and  that  all  Persons 
that  shall  discover  any  such  thing,  shall  have  such  satisfac- 
tion for  their  Pains  and  Care,  as  the  Governor  and  Council 
sliall  think  fit. 

That  the  Arrears  of  the  Quit-rents  of  EUzaheth-Town^ 
Neuiurk,  Pinc(it(((iuaij^  and  the  two  Towns  of  Naoesink, 
and  all  others  that  have  not  paid  since  the  Year  1670  be 
paid  to  our  Receiver  General  in  three  Years  from  1673,  at 
the  rate  of  One  Halfpenny  a  Year  for  every  Acre,  besides 
their  growing  rent,  until  their  Arrearages  be  satisfied  and 
paid. 

That  as  to  the  Maintenance  of  the  Governor,  we  hope 
that  the  Country,  according  to  the  Concessions,  will  take 
into  their  Consideration.  Given  under  our  Hands  and 
Seals  at  Whitehall^  tiie  Seventh  Day  of  Decendter,  A/uio 
iMntlnl,  1672. 

J.  Berkeley,     [Seal.^^ 
G.  Carteret.     [Seal.] 


1672]  KING    CHARLKa    11.    TO    .TOHK    BERliY.  107 


Letter  from   King  Charles   II.  to   Captain.   John   Berry ^ 
Deputy  Governor,  and  to  the  Council  of  New  Jersey. 

[From  '■  Grants  aud  Concessions,"  p.  3S.] 

Charles,  H. 

Trusty  and  well  beloved,  we  greet  you  well.  Having 
been  informed  that  some  turbulent  and  disaffected  Persons, 
living  and  inhabitting  within  the  Province  of  Coisarea  or 
New-Jersey^  (the  Propriety  whereof  we  have  granted  to 
our  riglitj  trusty  and  well  beloved  Councellors,  John  Lord 
Berkeley  of  ^Stratton,  and  Sir  George  Carteret  If  night 
and  Baronet)  do  refuse  to  submit  and  be  obedient  to  the 
authority'  derived  from  us,  to  the  said  Lord  Berkeley,  and 
Sir  GrEORGE  Carteret  as  absolute  Proprietors  of  the  same, 
to  the  great  Prejudice  of  the  said  Lords  Proprietors,  the 
disturbance  of  the  Inhabitants,  and  hindrance  of  the  whole 
Plantation  there  design'd.  We  do  therefore  hereby  require 
you  in  our  name,  strictly  to  Charge  and  Command  all 
Persons  whatsoever  inhabiting  within  the  said  Province, 
forthwith  to  yield  Obedience  to  the  Laws  and  Government 
there  settled  and  established  by  the  said  Lords  Proprie- 
tors, having  the  sole  Power  under  us  to  settle  and  dispose 
of  the  said  Country,  upon  such  Terms  and  Conditions  as 
they  shall  think  fit,  and  we  shall  expect  a  ready  Comply- 
ance  with  this  our  Will  and  Pleasure  from  all  Persons 
whatsoever,  dwelling  or  remaining  within  the  aforesaid 
Province,  upon  Pain  of  incurring  our  high  displeasure, 
and  being  proceeded  against  with  due  severity  according  to 
Law,  whereof  you  are  to  give  publick  Notice  to  all  Persons 
that  are  or  may  be  concerned,  and  so  we  bid  you  farewell. 
Given  at  our  Court  at  Whitehall  the  9th  Day  of  l)ereinber 
1672,  in  the  Twenty  fourth  Year  of  our  Reign. 

By  his  Majesty's  Command, 

Henry  Coventry. 


1U8  NEW  JERSEY  COLONIAL  DOCUMENTS.       [1672 


Letter  from  the   L(/rds  Proprietors  to   Deputy   Governor 
Berry  and  his  Council. 

[?rom  "  Grants  aHd  Concessions,"  p.  39.] 

Whitehall,  the  lOtli  Vecemher,  1672. 
AVe  hope  as  soou  as  this  comes  to  your  Hands,  and  that 
you  have  perused  these  PajDers,  which  we  have  sent  by  Mr. 
Moore,  the  turbulent  Spirits  in  that  Province  wnll  not  con- 
tinue any  longer  in  their  obstinate  and  wonted  extrava- 
gancies, but  will  be  satisfied  with  his  Eoyal  Highness's 
Letter  to  Colonel  Lovelace,  whom  we  desire  you  to  assist 
on  all  Occasions,  the  Copy  of  which  Letter  this  Bearer 
brino-s  with  him  to  deliver  unto  vou,  and  when  received  we 
desire  you  to  publish  the  same,  with  all  other  Orders  from 
us  to  the  several  Inhabitants,  that  they  may  be  informed  of 
their  mistakes,  and  how  they  have  been  mislead,  for  you 
will  find  his  Royal  Highness  doth  declare,  that  the  Grants 
of  Colonel  Nicholls  is  Posterior  to  our  Patent,  and  there- 
fore both  in  law  and  equity  the  right  is  solely  in  us,  and 
upon  that  account  we  have  sent  over  our  Determinations 
concerning  the  Hold  of  Lands  ;  as  also  our  Interpretation 
of  some  Articles  in  our  Concessions,  according  to  which  we 
desire  you  to  act,  and  not  to  reside  from  any  of  them.  As 
for  Mr.  Bollen,  we  desire  you  to  order  our  Receiver  Gene- 
ral to  pay  him  out  of  our  Quit-Rents,  the  Sum  of  Ten 
Pounds  Yearly,  for  two  Years  from  the  Date  hereof. 
You  will  receive  some  Law  Books,  to  which  you  may 
apply  yourselves  upon  all  occasions,  and  you  shall  not  want 
any  Encouragement  from  us  that  may  contribute  to  your 
Prosperity  and  Welfare,  not  doubting  but  that  you  will 
discharge  the  trust  reposed  in  3'ou,  with  as  much  Candour 
and  Integrity  for  the  Maintainance  of  our  just  Rights  and 
Intent  as  we  desire  to  remain. 

Your  very  Loving  Friends  J.  Berkeley. 

G.  Carteret. 


1672]     PBOPRIETOBS  TO  PRETENDED  REPRESENTATIVES.  109 


Letter  from    the    Lords    Proprietors    l/y    the    Pretended 
Representatives  of  New  Jersey. 

[FVom  "Grants  and  Concessions,"  p.  40.] 

To  the  pretended  Kepi'esentatives  of  Elizabeth- 
Towisr,  Newark,  and  New-Piscataway,  and 
all  others  whom  it  may  Concern 

We  have  received  a  long  Petition  from  yon,  and  of  no 
Date,  yet  ont  of  a  tender  care  we  have  of  your  pretended 
Greivances  and  Complaints,  have  examined  some  particu- 
lars thereof,  the  Governor  and  Mr.  Bollen  being  now  in 
Town,  yet  we  are  very  ready  to  do  you  all  the  Justice 
you  can  expect,  tho'  you  have  been  unjust  to  us,  by  which 
means  you  have  brought  a  trouble  upon  yourselves,  and  if 
you  will  send  over  any  Person  to  make  good  your  Allega- 
tions in  your  Petition,  (while  the  Governor  is  here)  we 
shall  be  ready  to  hear  all  Parties,  and  incline  to  do  you 
right,  altho'  you  have  not  had  such  a  tender  regard  of  our 
concerns  in  those  Parts,  as  in  Justice  and  Equity  you  ought 
to  have  had  :  And  we  do  likewise  expect  for  the  future 
you  will  3'^eild  due  obedience  to  our  Government  and  Laws 
within  the  Province  of  Meia-Cmsarea,  or  New- Jersey,  and 
then  we  shall  not  be  wanting  to  manifest  ourselves  accord- 
ing to  your  Deportment,  Dated  this  11th  Day  of  Deceniher, 
1672. 

Your  Loving  Friends, 

J.  Berkeley, 
G.  Carteret. 


Titles  to  Plantations  Between  Oldman's  Creek  and  SaUm. 

[From  "  Pennsylvania  Archives,"  Vol.  I.,  p.  31.] 

Coppies  of  The  Seaverall  Evydences  by  aa°^  }* 


110  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1673 

InhaVjitants   claime   their    Seaverall  and   respective 
plantaeons  between  Olilnians  Creeke  and   Salem. 

]W  John  Berry,  Esq"",  Deputic  Gov'"iio''  of  y"  Province  of 
Kew  Cfe^aria  or  Kew  Jersey,  and  liis  Coiincell, 

AVke,  Jolin  L**  Berkeley,  Barron  of  Stratton,  and  Sr 
George  Carterett,  K*  and  Baronett,  the  absolute  L*""  Pro- 
prietors of  the  P'vince  of  New  Ceearia  or  New  Jersey, 
TTave  given  and  granted,  and  by  tliesc  p'"sents  doe  give  and 
grant  vnto  James  Bollen,  of  the  said  P'vince  Secretary, 
A  Certain  Neck  of  land,  lying  and  being  on  the  East  side 
of  Delaware  river,  Over  against  Christany-('reoke,  known 
by  the  name  of  Swart-hooke,  With  all  the  Ypland,  Mea- 
dows, Woods,  iields,  pastures,  Marishes,  Rivers  and  rivo- 
letts,  together  w*^**  all  the  gains,  protitts  and  all  other  the 
a[)j)urtenanccs  there  unto  annexed  and  ajDperteyning,  con- 
tcyning  as  it  is  to  be  Surveyed,  Butted  and  bounded  by  the 
Survey""-  Gen"-,  five  hundred  and  forty  acres,  English 
measure.  To  have  and  to  hold  to  him,  the  s*'  James 
liollen,  his  heirs,  Ex*"-,  Adm*",  or  Assignes  for  ever,  after 
the  man'  of  East-Cxreenwich,  in  free  and  Common  Soccage. 
Yetldtng  and  paying  to  the  s''  Lords  Proprietors,  their 
licirs  or  assignes  on  every  25'*'  day  of  March,  one  half-penny, 
yearly,  for  every  one  of  ye  s''  Acres  herein  conteyned,  the 
first  paym''  whereof  to  begin  in  ye  yeare  of  o*"  I/'  1675, 
(4iven  viuF  ye  Scale  of  ye  Province  ye  (>'''  day  of  June, 
Anno  1673,  and  in  ye  24**"  yeare  of  his  Maj"*"'  Reigne 
Charles  ye  2",  ifec. 

Jo**-  BLSHor,  John  Berry,* 

Laurence  Andkesse,  W**-  Saundford, 

AV-  Pardon. 

Bv  ord  of  yc  Dei)uty  Gov""  and  his  Counccll. 
J  A.  Bollen,  Secretary. 

1  John  Berry  was  at  that  time  actiog  as  Deputy  Governor,  under  an  appointment 
from  Governor  Carteret,  who  had  gone  to  Enpland,  in  July,  1672,  to  confer  with  his 
Hiiperiors  upon  the  aftiiirs  of  the  province.  Sec  "East  Jersey  Under  the  Proprietary 
Government*,''  2d  Edit.,  p.  tii>,    Ed, 


1673]  WEST    JERSEY    TITLES.  Ill 

The  said  Lands  were  assigned  over  to  Jnsta  Andress, 
And  by  Justa  Assigned  to  Henry  Jeans,  ye  p''sent  Occu- 
pant. 

Cantwell    and    Johannes   Dehaes,   Indian    Pur- 
chase. 

Wee,  Sospanninck  and  Wicknaminck,  the  natural!  inhab- 
itants of  this  Province  of  New  Jersey,  &c.,  doe  declare  to 
have  Sold  for  o''selves  and  o""  heirs  vnto  Mr,  Edmund  Cant- 
well  &  Mr.  Johanes  Dehaes,  o'  Greeke  or  Kill,  called  Meg- 
kerk-sipods,  w''*'  is  called  in  Dutch  the  land  on  the  South- 
side  of  Jeremiah's  Kill,  as  far  as  the  Finns-Creeke  along 
the  River  ;  ffor  w*"^  we  doe  Acknowledge  to  have  rec**  one- 
halfe  Anker  of  Drinke,  two  Match-coates,  two  Axes,  two 
barrs  of  Lead,  four  hand-fulls  of  powd"",  two  knives,  some 
painte  ;  and  therefore  we  doe  hereby  dissist  off  the  same 
land,  and  doe  declare  that  we  have  no  further  or  future 
p''tence  on  the  same.  Signed  by  us  this  8*^  of  ff'eb'",  1673, 
On  the  Plantacon  of  Fopp  Johnson-Outhout,  in  the  Pvince 
of  New  Jersey,  in  Delaware  river. 

ToSPUMIXCK, 

Witnesses  p'sent,  Weinamixk. 

Peter  Jegou, 
Anthony  Bryant, 
P^opp  Outhout. 


Cantwell  &  \      pj^QyixCE  OF  NEW  JERSEY. 
Jo  :  Dehaes.  ) 

These  are  to  Certifye  all  whom  it  may  concerne,  y*  on 
the  20'*'  of  July,  1672,  1  did  give  and  Grant  mito  Cap*"^  ; 
Edmund  Cantwell  &  M.^  Jo:  Dehaes  a  Tj-act  of  Vpland  & 
Meadow  or  Marish  in  j^porcon,  (lying  &  being  on  y*'  East 
side  of  Delaware-river,  next  adjoining  to  the  Finns  land  at 
Pompion-hooke,)  conteyning  700  acres,  vpon  Condicon 
y*  they  should  purchase  y*  same  from  the  Indians  and  setle 
it,  w*'^  they  having  pformed  accordingly  was  to  haue  a 
Patent  for  it ;  3^ut  my  absence,  being  in  England,  and  the 


112  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1673 

coming  of  y^  Dutch  did  hinder  the  Patening  of  it :  Not- 
withstanding there  is  an  Alteracon  since  by  my  L**:  Berke- 
leys  disposeing  of  his  interest  to  y*  pte  of  y*  Countrey,  yet 
the  B**:  Cantwell  &  Dehaes  onglit  to  enjoy  the  land  as 
being  pperly  their  own  Lott,  by  pmise  from  me  and  the 
purchassing  it  from  the  Indians,  paying  the  L:  Quitt-Rent 
a  halfepenny  ^  acre,  w''^  said  Tract  of  land  is  Butted  and 
bounded  as  followeth.  Beginning  at  a  marked  white-Oake 
standing  in  a  Bay  by  the  Riverside,  being  a  bounded  tree 
of  the  6^  Finns-land  &  running  w**"  the  s*^  Land  East-North- 
East  320  pearches,  to  a  marked  Eed-Oake  standing  neare 
the  head  of  Cantwells-Creeke,  and  from  the  s'*  Oake  vc^^  a 
lyne  drawne  paralell  w**'  the  Finns  head-lyne  South-South- 
East  160  pearches,  to  a  marked  Red-Oake  standing  in  the 
said  lyne  by  a  Swamp-side  &  from  the  s''  Oake  w'*'  a  lyne 
drawn  East-North -East  160  perches  to  another  marked 
Oake,  &  from  thence  North-North-AVest  160  ])earches,  then 
West-South-West  160  pearches  to  the  s^'  Red-Oake  at  the 
head  of  Cantwells-Creek,  and  from  thence  w'**  a  lyne  drawn 
North  and  by  West,  to  a  marked  Red  Oake  standing  vpon 
a  pointe  at  the  mouth  of  the  s''  Creeke  320  pearches,  and 
from  the  s'^  Oake  down  the  River  to  the  First  bounded 
Tree  ;  bounding  on  the  A\"est  with  the  River,  On  the 
S(Mith-West  w*^  tlie  Finns-land,  On  the  North  w'*"  Cant- 
wells  Creeke  contcyning  700  acree  of  land  and  a  proporcon 
of  Marish  thereunto  adjoyning.  In  Witnesse  whereof  I 
have  hereunto  set  my  hand  and  scale  at  Elizabeth-Towne 
y"-  22^  day  of  8''"'"'",  1675.  rniLLir  Caktekett. 

By  the  Gov'no'^  ord'', 

James  Bolt,en,  Secretary. 

An   Answer  to  Cap'^'"':    Cantwell  k  Jo;  Dehaes   Application   for    a. 
Patent  for  y*^  within  mentioned  lands. 

Ilaueing  heard  some  Rumo'  y'  my  L'^:  Berkeley  hath 
disposed  of  his  right  to  some  other  psons,  y*  it  is  approued 
of  by  the  Duke,  I  forbeare  to  giue  a  further  grant  or 
Patent  till  the  contrarv  be  knowne  ;  But  doe  Recommend 


lGT3]  WEST  jEesey  titles.  11-5 

Cap'°*.  Cantwell  &  M''  Dehaes  Eight,  to  the  Justice  of 
Such,  ■w'liom  it  may  concerne  to  confirm  their  title.  Given 
vnd''  my  liandin  New-Yorke  tin's  22'^  day  of  T'""',  1G7G. 

Androsb. 


Fopp  OrTiiouT^s  Permitt. 

Permission  is  hereby  granted  to  M*":  Fopp  Outhout  for 
to  take  vp  a  eertaine  peice  of  land  for  himselfe  &  his 
heires,  lyeing  in  the  woods  Joyning  vpon  the  Marish  or 
Valley  haueing  on  the  North- West-Side  Pompion-hooke, 
and  streatching  on  the  North-East-side  to  the  J'ish-Creeke 
or  Kill,  and  into  the  woods  as  ffarr  as  the  Indians  Iiaue 
mark't  the  same,  w**"  above  s**  peece  or  peel  of  land  is 
granted  vnto  him  to  take  vp,  he  paying  the  Indians  and 
Seating  the  same  according  to  the  ord''  of  his  bono''  the 
Goveruo''  Gen",  for  w^"  [w'^'^?]  a  patent  shall  be  granted 
Given  vnd""  my  hand  in  New  Castle  in  Delaware  river  in 
the  New-Netherlands  this  2i'^  of  March,  1674. 

Subscribed  by  Peter  Alricks. 

Math:  D.  Ring,  Gierke. 


Survey. 

June,  y^  12*^^  1675. 
Layd  out  for  flfopp  Johnson  Outhout  a  peel  of  land 
called  Goodland,  lyeing  in  New-Cessaria  on  the  Eastern- 
side  of  Delaware-river,  neare  the  Finns  at  Pompion-hooke, 
Beginning  at  A  marked  Ilickery-tree  by  a  Marish-side  and 
running  from  thence  for  breadth.  West  150  pearches  to  a 
mark't  Oake,  And  from  the  said  Oake  by  a  lyne  drawne 
North  for  length  bounded  w"*  a  Swamp  &  from  the  said 
Oake  w***  a  lyne  drawne  East  150  pearches  to  a  marked 
white-Oake,  \v^^  a  lyne  drawne  South  300  pearches  to  the 
first  mark't  Hickery-tree,  conteyning  300  acres. 

f  me,         Hex:  Parker,  Survey*". 


114  New   .IKRf^EY   COLONIAL    KoC'UMKNTS.  [1673 

John  IIkndrickson,  ]  l*ei'iiiission  is  lieroby  urauted 
at  One-tree-liooke.  )  vnto  .John  lleiidi-ickson  to  take 
\\)  one  j^eece  of  land  on  the  East-side  of  this  liiver,  to 
})egin  on  tlie  East-side  of  a  Small  Creeke  or  gntt  on  this 
►side  the  Single-tree,  and  Noi-th-Kast  along  the  river  to  the 
iirst  Creeke,  As  well  Meadow  as  wood-land,  and  sti-eatoh- 
ing  Sonth-East  into  the  woods,  he  paying  the  Indians  and 
Seating  and  Improving  the  same  according  to  the  ord""  of 
the  Right  h<.n"'*'  (iov'':  Oen":  for  w'",  |  w'^"  (]  then  a  Patent 
will  he  gi-anted.  A(  tim  in  New  Castle  this  1^8"'  day  of 
June.  1<>74.  Signed  l)v  Peteu   A i. kicks. 


InDIAX     PrHCHASK. 

Know  all  men  by  these  p^sents.  Tiiat  1,  Osawath,  Sole 
Indian  own  and  ])])rieto''  of  (^ertaine  two  Necks  oi*  points 
of  land,  lying  and  being  in  this  Iii\'ei'  of  Delawai'e,  and  on 
the  East-side  thereof  over  ag'  the  Ponte  aboue  \'erdi"ick- 
teige-hooke,  the  same  being  called  cV:  known  (by  the 
Xpians)  Singletree,  or  Enboome,  and  by  the  Indians  Emai- 
jens,  ffor  &  in  Consideracon  of  two  ^Vfatch-coates,  two 
(irnns,  two  Kettles,  two  Axes,  two  knives,  two  Hoes,  two 
Looking-glasses,  two  double  hand  fulls  of  powder,  two 
halfe-Anckers  of  sti-ong-liqiiors,  two  halfc  Anckers,  of 
Strong-beere,  two  Anls,  two  barrs  of  Lead,  A:  two  Needles, 
Iteforc  the  signing  and  deliveiw  hei'cof,  to  me  in  hand  paid 
by  J  oil  11  Hendi'ickson  *Sz  Peter  Ilendrickson,  both  of  Dela- 
ware-river, Husbandmen,  as  also  foi-  divers  other  good 
and  weighty  reasons  and  ( 'Onsideracons,  me,  tlio  s''  Osa- 
wath, thereunto  especially  moveing,  IIaue  given,  gi'anted, 
bargained,  sold,  assigned.  Transported  and  made  ovei',  and 
by  these  p'sent  doe,  give,  gi-ant  bargaine,  sell,  assigne, 
Transport  and  make  over  vnto  them,  the  s*^  John  Ilen- 
drickson Ar  l^eter  Jlendi-ickson,  their  heii-es  and  assignes, 
the  above  menconed  two  peells  or  necks  of  land,  w^''  the 
Marishes  therevnto  adjoining,  the  s**  land  by  these  p'sents 
sold,  lyeth  between  two  Small  gutts  oi-  Pun's,  and  streatches 


1673]  WE8T  JERSEY   TITLES.  115 

into  the  woods  as  far  as  the  great  Swamp  or  Cripple  w'"'' 

Ijacks  the  said  two  Xecks  of  land  ;  To  have  ik  to  hold 

the  said  two  peells  or  Necks  of  land,  Marishes  ct  p'mises, 

w''^  all  and  singular  the  appurtenances,  as  also  all  the  right, 

title   and   interest   of  him    the   said  Ossawath,   the   right 

Indian  Owner  or  Pprieto'"  therein,  vnto  the  s*"  John  Hen- 

drickson  and  Peter  Hendrickson,  their  heires  and  assignes, 

forever.     In  Witnesse  and  confirmacon   whereof,  the  s** 

Ossawath  hath  hereunto  set  his  hand  and  seale,  at  Vpland, 

in    Delaware    river,    this    10"'    day    of    June,    An°    Dom., 

1675. 

Ossawath. 

Signed,  Sealed  ^  Delivered  in  y*  p'sence  of 
IsRAELL  Helm,  Interpreter, 
Jo:  Dhaes, 
John  Johnson. 


Lucas  Prtok  his  Permit. 

Whereas  M''  Lucas  Pictor  hath  requested  my  leave  for 
the  purchasing  of  a  certaine  neck  of  land  (over  ag'  Chris- 
teen-Kill)  from  the  Indians  lyeing  and  being  on  the  East- 
side  of  Delaware-river,  w'^^'in  this  Governmen',  w'^*'  an  intent 
to  plant  and  inhabit  the  same. 

These  are  therefore  to  pmit  and  suffer  the  said  Lucas 
Pictors,  to  purchase  the  said  land  from  the  Indians  vpon 
Condition  that  he  shall  doe  and  pforine  all  such  Acts  and 
things  as  are  conteyned  in  the  s*^  Pproprieto'"''  Concessions, 
and  be  conformable  and  ( )bedient  to  y*^  lawes  of  the  s*^ 
Province.  Given  vnd""  my  hand  and  Scale  of  y"  Pvince 
the  10^^  day  <>f  7''^^  1668.  Phillip  Carterett. 

Lucas his  Indian  Purchase. 

Wee,  Kerpenneming  it  Mattien-meke,  Brothers,  together 
declare  and  know  to  have  Sold  to  Lucas  Pictors  alls  Peter- 
son all  that  Tract  or  peel  of  land,  that  he  without  hindrance 
may  live  upon,  lying  upon  the  South  Side  of  Swai-t-hooke 


116  NEW   JEftSEV   COLONIAL   boCtJMENTS.  [iGfS 

A:  upon  the  Xortli  side  of  v""  land  of  Mattys  Mattsey,  tfe 
for  a  0(^0(1  Coiisidt'i'acon  of  i^oods.     WirrNKSSE  o*"  mark. 

KoKl'ENNKMING,  llis  llUirk. 

Mattikn-Meke,  his  niaik. 
present — ffopp  Outhoit. 


Michael  Leckoa's  Asstgx:\iext  vmom  Isaac  Tayne. 

To  ALL  HKi>PLE  to  M'hoiii  this  p^seiit  Writing  shall  come, 
Isaac  Tayne  alis  Lapier  of  New-C<astle,  in  Delaware,  Send- 
eth  (Greeting:  Know  yee  that  1,  the  said  Isaac  Tayne,- for 
a  valuable  Cc^nsidei-acoiu  before  the  signeing  and  delivery 
hereof,  to  me  in  hand  jniid  l)y  Michael  Lacroa  also  of  Dela- 
ware river,  where"'  T  hold  and  Acknowledge  myselfe  fully 
satisfied,  contented  and  paid.  And  therefore  doe  by  these 
p'sents  ac(piit,  exonerate  and  discharge  the  said  Michaell 
Lacroa  for  y*  same  ;  Ilaiie  Given  and  granted,  bargained 
8(tld,  enfeoffed,  assigned.  Transported  and  made  <jver,  and 
by  these  ])resents,  doe  fully  and  clearly  and  absolutely 
give,  grant,  bargain,  sell,  Transport,  enfeolie,  assigne,  and 
make  over  vnto  the  said  Michael  Lacroa,  Senjo'',  his  heires 
and  assignes,  the  Moiety  and  equal  just  halfe  part  of  a 
Certain  parcel  or  Tract  of  land  and  Marish,  (That  is  to  say), 
the  Easter-most  halfe  lying  next  vnto  the  land  of  ffo])p 
Johnson  Outhout,  the  said  land  is  Scituate,  lyeing  and 
}>eing  on  the  East  side  of  Delaware-river,  ()p])Osit  to  the 
towne  of  New-Castle,  the  whole  Tract  of  land  (whereof 
Michael  Lecroa  is  to  have  the  halfe)  is  bounded  on  the  West 
w"^  the  river,  On  the  Kast  w"'  a  (hveke,  w'*'  divided  this 
land  from  the  land  of  Fo])p  Johnson  Outhout,  on  the  South- 
West  with  another  (hveke,  w'*'  divideth  this  land  fi'om  the 
land  of  Cap"'«:  Edmund  Cantwell  t^'  M''  Jo:  Dhaes,  c^:  on 
the  South-East  with  the  woods,  w'*' said  land  was  granted 
to  me,  the  said  Isaac  Tayne,  by  (tovcimio''  Phillii)  Carteret, 
as  by  the  Orant,  vnd""  the  hands  iSj  seale  of  the  said  Car- 
teret, Vjearing  Date  the  24"'  day  of  June,  ir»6(»,  and  the 
Indian  purchase,  bearing  date  the  20^^  day  of  July,  1666, 


1673]  WEST    JERSEY    TITLES.  117 

more  at  large  may  and  doth  ap])eare.  To  have  and  to 
HOLD  the  moyety  or  halfe  part  of  all  the  afores'*  Lands  and 
premises  w*'' all  and  singnlar  the  appurtenances;  As  also 
all  the  right,  title  and  interest  of  me  the  said  Isaac  Tayne 
therein,  &  to  the  said  Michael!  Lecroa,  his  heires  and 
assignes  viz:  the  sole  and  pper  Use  and  behoofe  of  him  the 
said  Michaell  Lecroa,  his  heires  and  assignes  forever.  And 
he  the  s'^  Lecroa,  his  heires  and  assignes,  shall  and  may, 
from  henceforth  for  ever,  more  peaceably  &  qnietly  have, 
hold,  occujiie  possesse  &  enjoy  the  said  Moyety  of  land  and 
premises  w'^^'out  the  lett  or  interruption  of  him  the  said 
Isaac  Tayne,  or  any  other  pson  or  psons  whatsoeve,  Clayin- 
ing  by  or  vnd*"  him.  In  Witnesse  whereof,  the  said  Isaac 
Tayne  hath  herevnto  set  his  hand  and  scale  at  New-Castle, 
in  Delaware,  this  15'^  day  of  O''*""",  in  the  28  yeare  of  his 
Maj""'  Keigne,  Ano"  Dom.,  1676.  Isaac  Tayne. 

Signed,  Sealed  &  Delivered  in  y''  p'sence  of 
Ep:  Hekman, 
Jo  Dhaes. 

[i\\>te  in  the,  '' ^4/v7///,V'.s-."]  I  hane  followed  the  method 
in  the  Originall,  though  in  some  places  Non-sense  &  false 
Orthography.  J.  N. 

As  FOR  Jean  Paul  Jacquet,  who  hath  been  disj)osest  of 
Some  land  on  the  East-side  of  Delaware-river,  of  w*^**  he 
was  in  possession  at  y®  last  coming  in  of  the  English  Gov- 
ernm'^,  he  is  to  be  reposest  and  yo^  are  to  take  ord""  about 
it,  And  if  Occasion  the  Connnand""  is  to  assist  therein. 

Andross. 
To  y*  Command'  &  Co",  at  New-Castle,  in  Delaware. 


TfiESE  may  Certify  all  whom  it  may  concerno,  that  I, 
John  Colier,  Command""  in  Delaware,  on  this  day,  the  20"^ 
of  July,  1677,  haue  in  my  own  pson  been  w'"  M"":  Jean 
Paul  Jacquet  on  the  East  side  of  this  River,  vpon  the 
Land  of  y*"  S*'  M^•   Jacquet,  commonly  called   the  Steen- 


118         NEW  JERSEY  COLONIAL  DOCUMENTS.       [1673 

hooke,  and  have  put  y^  s"  M':  .lacqiiet  in  full  and  quiet 
possession  of  the  Said  land  and  premises,  axjcording  to  the 
above  ord''  from  the  (-rov^  Witnesse  my  hand  in  New- 
Castle,  this  20*"  of  July,  1677.  John  Colier. 

[.Vo^-    lure    itiserfrd    In    flu:    "  yl/y^/^v.v.'"']     Noe   other 
grant,  permitt  or  Survey  hath  appeared  to  J.  N. 


By  the  (TOverno^ 

Whereas,  I  have  rcc''.  Several  peticons  and  Complaints 
from  Divers  inhabitants  on  the  East-side  of  Delaware-river, 
that  have  been  disturbed  in  the  lawfull  possession  of  their 
lands  a!id  tenem*^ :  there,  by  reason  of  Major  ffenwick  and 
others.  These  are  to  desire  and  Authorize  yo",  tlie  Justice 
of  the  Court  at  New-Castle,  to  take  care  that  tlie  said 
inhabitants  be  not  disturbed  in  their  possession  vpon  any 
pretence  whatever  by  the  s'^  Major  Fenwick  or  others,  and 
if  Occasion  to  make  me  forthw'"  acquainted  w'"  y*  same. 
Given  vnd'  my  hand,  in  New-Yorke,  this  28*"  of  8*'",  1678. 

Andross. 

Seaverall  iidiabitants  (Dutchmen)  have  noe  mure  than 
this  to  shew  for  their  lands. 


Proceedings  of  a  Cofrt  at  Salem,  N.  J. 

At  a  Court  held  at  New  Salem,  in  y*"  province  of  West- 
Jersey. 

{  Fopp  .Johnson  Edwd.  Wade  ] 

P'sent-!  Wm.  Penton  James  Nevill    -Com" 

\  Edwd.  J^radway.  j 

William  Cill-Johnson  desiring  of  y*  Court  a  grant  of  100 
acres  of  land  lying  over  ag*  Ilance-heers  plantacon  on  the 
other  side  \'irkins-kill  als  hogge-Creeke  the  Court  granted 
the  pef"  Request,  he  Seating  the  same,  according  to  the 
Chiefe  Proprieto"""  Concessions,  and  pforming  all  Such  Acts 
and  things  as  shalbe  thereby  required,  and  to  be  subject 
and  Obedient  to  the  lawes  of  y*  s**  Province,  tfec. 


1673]    ORDERS  OF  DEPUTY  GOVERNOR  AND  COUNCIL.      119 

Seaiierall  of  y^  last  mentioned  prnits,  were  granted,  but 
few  or  none  Seated  according  to  ord""  if  any  are  seated;  its. 
a  Question. 

All  the  foremenconed  lyes  between  Oldmans  Creek  and 
Salem  Creeke,  w*^**  some  others  who  have  Nothing  to  show 
for  their  seating.     Quit-Kent  is  all  in  Arreares. 


Ordfi's  froiK  T>( putij  Governor  Berry  and  Council  to  the 
Inhahitants  of  the  Several  Toirns  to  take  out  their 
Warrants,  d'r. 

[From  "East  Jeii^ey  Kecoids, "  Liber  3  of  Deeds-,  \>.  83.] 

By  the  Deputy  Governor  and  Councell 

Whereas  the  Right  hon'"oble  the  Lords  proprietors  of 
this  province  have  sett  forth  by  their  declaration  bearing 
date  the  6*."  day  of  Decenibr  1672.  th^  no  person  or  persons 
whatsoever  w"'in  this  province  shall  be  accompted  a  free- 
holder of  this  province,  nor  have  any  vote  In  election  nor 
be  capable  of  being  Elected  for  any  office  of  trust  Either 
f 'ivill  or  Military,  untill  he  doth  Actually  hold  his  or  their 
Lands  pattent  from  them. 

Wherefore  wee  have  thought  titt  and  doc  by  these  p'^seuts 
give  notice  to  all  Inhabitants  of  Newark,  that  they  doe 
repaire  to  the  Secretary  and  give  in  their  proportion,  for 
yf  obtai  jning  of  Warrants  to  the  Survayer  Generall,  for  the 
laying  out  butting  and  bounding  of  every  mans  quantity 
of  Land  that  is  to  be  alotted  to  him  In  Extent®,  or  ye  town- 
ship In  generall  Within  three  Weeks  after  the  date  hereof, 
but  iff  already  Survayed,  then  to  procure  a  Certiffieate 
thereof  from  the  Surveyor  Generall  In  order  to  the  taking 
out  their  pattents  With  all  the  speed  that  may  be,  accord- 
ing to  the  manner  and  forme  directed  in  the  Concessions, 
by  which  means  they  Will  be  capable  to  chuse  their  repre- 
sentatives, that  the  affaires  of  the  province  may  be  the 
sooner  and  better  settled,  And  whosoever  shall  neglect  so 


120  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1673 

to  doe.  Within  the  tyine  Liiiiitted  as  aforesaid,  shall  Loose 
tlie  benefit  of  the  Lords  pro])rietors  favior  in  the  j/niisses, 
and  forfeit  such  Lands  as  they  are  settled  iippon  &  pretend 
nnto,  to  the  Lords  ])roprietors  to  be  disposed  of  for  their 
best  advantage  as  tlie  (Toverno""  and  Councill  shall  think 
fit,  according  to  the  Tennor  of  the  said  Declaration,  And 
least  y^  Inhabitants  should  be  tyed  to  a  shorter  tynie  then 
the  Purveyor  (lenerall  is  Ca))al)le  to  p'"fornie  the  Work  in. 
Wee  have  thought  fitt  to  Limit  the  tyme  to  each  Towne 
after  such  a  manner  that  it  may  be  gradually  performed  : 
Dated  at  Newark  22'?^  May  1673.— May 

Another  of  the  same  Tennor  for  J*isquatiway  within  5 

weeks  t3'me : 

Another  of  the  same  Tennor  for  Navesink  w'.^in  8  weeks  * 
Another  of  the  same  for  Elizabeth  towne  w'.'^in  K)  weeks, 

and  one  for  Woodbridge  w'Mn  for  delawarr  2  months 

after  publication 


By  the  Dei'Uty  (i!oveknok  &  his  Councell. 

Whereas  there  is  a  declaration  sett  forth  by  y?  hono*"*  the 
Lords  p'prietors  of  this  province  Dated  the  H*?'  Decemb 
1672  thereby  ordering  that  those  persons  which  Avhere  the 
Chife  Actors  In  Attempting  the  makeing  an  alteration  in 
their  Govenment  shall  be  proceeded  against  according  to  a 
Declaration  of  the  Governor,  and  Councell  for  Remission 
of  their  oifcnces.  And  although  wee  did  lieasonably  Expect 
that  the  same  would  have  bene  (by  way  of  petion)  presented 
this  Session  &  finding  tiuMu  slack  and  Tlemiss  there  In, 
Yett  to  publish  to  the  World  our  unwillingnes  to  Imploy 
Severity  When  other  Meanes  may  be  found  as  well  to 
satisfy  us,  as  to  p'forme  the  Commands  of  our  Lords  pro- 
prietors. 

AVee  doe  hereby  ord""  and  appoint  Tuesday  the  lO'?  day 
of  June  next  Ensuing  In  Which  wee  shall  be  redy  to 


1  This  was  not  sent  to  Navesink,  but  retarded  till  another  tyme  according  to  the 
reference  uppon  theire  petion.    [Note  from  the  Record.[ 


1673]  NATHAN  Gould's  account.  121 

Receive  their  Submission  at  the  Towne  of  Bergen  Where 
such  as  are  Conscious  of  their  offences  may  Repaire  to 
Crave  Remission  And  after  that  tyme  to  expect  no  favor 
but  what  the  Law  affords.  Dated  at  Newark  the  22  May 
1673. 


Nathan  Gouldh  Account  of  Clrcunistances  Leadhiy  to  the 
Capture  of  New  York. 

IFiom  "New  York  ('olonial  Documents,"    Vol.  III.,  p.  200.] 

Intelligence  from  New  Yorke  by  one  from  Stanford. 

August  8.  \^Extra(i.~\  This  messenger  reports  .  .  . 
Also  that  the  Sloope  wherein  were  Cap*  James  Cartwright 
&  his  wife  were  set  ashoare  in  Virginia,  But  they  brought 
M'"  Hopkins  w*?"  the  Sloope  to  the  Mahatoos.  Morouer  this 
man  saith  that  he  stood  at  the  Cabbin  doore  &  heard  the 
Generall  demand  of  the  M'"  of  the  Sloope  Samuell  Dauis 
by  name  what  force  they  had  at  New  Yorke  &  tould  him  if 
he  would  deale  ffaithfully  w"*  him  he  would  giue  him  his 
sloope  and  Cargo  againe  ;  the  said  Sloopes  Master  replyed 
that  in  the  space  of  three  hours  the  Governo''  Louelace 
could  raise  flue  thousand  men  &  one  hundred  &  fifty  peice 
of  Ordinance  mounted  tit  for  seruice  upon  the  wall,  upon 
this  the  Dutch  Generall  said  if  this  be  true  I  will  giue  you 
yo'  sloope  &  cargo  <k,  neuer  see  them.  Then  they  enquired 
of  one  M""  Hopkins  who  tould  them  he  thought  there  might 
bee  betweeue  Sixty  and  Eighty  men  in  the  ffort,  and  in 
three  or  foure  dayes  time  it  was  possible  they  might  raise 
three  or  foure  hundred  men,  &  that  there  was  thirty  or 
thirty  six  peice  of  ordinance  uppon  the  wall  that  a  shot  or 
two  would  shake  them  out  of  their  Carriages  then  all  theyr 
cry  was  for  New  Yorke,  to  which  place  they  came,  and 
this  Captine  stood  ther  on  the  Deck  and  saw  them  land  by 
the  Governor's  Orchard  about  six  hundred  men     .... 

taken  before  me  tlic  date  abouve  said 

Nathan  Gould 


122  NEW    JERi^EY    COLONIAL    DOCUMENTS.  [1673 


M'nijitt'fi  of  Onincil  of  N^nn  Netherlands  1673-1674. 

I  From  "New  York  ColoniHl  Doriiments,"  Vol.  IL,  pp.  571-730. J 
[  Krfnirfs.'] 

At  a  rneetiiii,^  <>f  the  Honorable  Commanders  Cornelis 
Evertse  and  .lacol)  Ik'nekes  and  tlieir  adjourned  rouncil  of 
War,  in  the  City  Hall  of  the  City  of  New  Oranoe,  this 
12'*'  of  August,  New  Style,  A"  1673 

Present — Commander  Corn.  Evertse 
Commander  Jacob  Benckes 
Capt"  Anthony  Colve 
Capt"  Nicolaes  Boes 
Capti  Abram  v.  Tylh 

John  Baker,  Jacob  Melyn,  John  Ogden,  rum  fiociis, 
Deputies  from  the  village  of  Eli^abethtown,  Niew-worke, 
Woodbridge  and  Piscatteway,  situate  in  the  Province  here- 
tofore called  New  Yarsey,  praying,  by  petition,  that  they 
may  be  allowed  to  send  some  Delegates  from  their  said 
villages  to  treat  with  the  Admirals  and  associate  Council  of 
war  respecting  the  surrender  of  their  toMUs  under  the 
obedience  of  their  High  Mightinesses,  the  Lords  States  of 
the  United  Netherlands,  and  his  Serene  Jlighness,  the 
Prince  of  Orange,  and  that  no  audience  be  granted  to  their 
late  Governor,  Ca])t.  John  Berry,^  before  and  until  the  same 
be  granted  to  the  said  Delegates  etc. 

Ordered.  The  Petitioners,  namely  the  iidiabitants  of 
the  villages  of  Elisabets  Towne  Nieworke,  Woodbridge  and 


1  John  Bkkky  is  first  named,  in  connection  witii  New  .leixey,  in  1H69.  as  jiosset-s 
ing  an  interest  in  landw  between  the  ra.ssaic  and  the  Hacicensack.  He  is  presumed  to 
liave  come  to  tlio  I'rovince  from  Connecticut,  and  prol)al)ly  some  years  pievionsly. 
or  he  would  not  .so  soon  have  been  taken  into  the  Council.  In  UiTi  he  was  left  Deputy 
(Jovernor,  when  Governor  Carteret  went  to  EujJiland.  His  authority  was  confirmed 
iiy  the  King,  but  Baker,  Ogden  and  others,  having  always  been  opposed  to  the  Pro, 
prietary  (loverument.  they  were  pleased  to  be  able  to  thwart  his  influence  with  the 
Dntcb.  He  continued  to  be  one  of  the  Council  under  the  ditierent  adijiinistrations, 
until  les*".',  when,  it  is  presumed,  he  died.     En. 


1673]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  123 

Piscattawaj.  are  hereby  allowed  to  send   their  Delegates 
hither  on  next  Tuesday  morning,  to  treat  with  us. 

Dated  at  the  City  Hall  of  the  City  of  New  Orange,  this 
12**'  August  1(»73.         (Signed)  Coknelis  Evertse,  Jun"", 

Jacob  Benckes, 

By  their  order     (Signed)  N.  Bayakd,  Secret^ 

It  is  furthermore  resolved  by  the  Admirals  and  Council 
of  War,  and  the  following  order  is  dispatched  to  the  three 
remaining  villages  situate  in  said  Province  of  New  Yarsey  : 

To  the  Inhabitants  of  the  Village  of  Bergen,  and  the  Ham- 
lets and  I^ouM'cries  thereon  depending : 
You  are  hereby  ordered  and  instructed  to  dispatch  Dele- 
gates from  your  village  here  to  us,  to  treat  with  us  on  next 
Tuesday,  respecting  the  surrender  of  your  town  to  the 
obedience  of  their  High  Mightinesses,  the  Lords  States- 
General  of  the  Pnited  Netherlands,  his  Serene  Highness 
the  Prince  of  Orange,  or  on  refusal  so  to  do,  we  shall  be 
obliged  to  constrain  you  thereunto  by  force  of  arms. 

Dated  at  the  City  Hall  of  the  City  of  New  Orange,  the 
12*"  of  August,  Anno  1673 

(Signed)     Coknelis  Evektse,  Junior, 
Jacob  Benckes 

By  their  order,      (Signed)  N.  Bayard,  Secret''. 

The  Inhabitants  of  Middeltowne  and  Shrousbury,  are 
hereby  charged  and  requiered  to  send  their  deputys  unto 
us  on  tuesday  morning  next,  for  to  treat  w***  us  uppon 
articles  of  surrendring  their  said  townes  under  the  obe- 
dience of  the  High  aTid  Mighty  Lords,  the  States-Generall 
of  the  united  Provinces,  &  his  serene  Highnesse  the  Prince 
of  Orange,  or  by  refusall  wee  shall  be  necessitaded  to  subdue 
the  said  places  thereunto  by  force  of  armes. 

Dated  at  New  Orange,  this  12**"  of  August  A"  1673 

(Signed)     Coknelis  Evertse,  Jun'' 
Jacob  Banckes 


124  NEW    JERSEY   COLONIAL    DOCUMENTS.  [1673 


At  the  Meeting  of  the  Hon'"'*  Council  of  War,  holden 
in  Fort  Willem  Hendrick,  on  tlie  IS'**  of  August,  Anno 
1673. 

Present — Commander  Jacob  ik'uckes. 

Commander  Cornelis  Evertsen,  Junior, 
Captain  Anthony  Colve, 
Captain  Nicolaes  Boes, 
Captain  A.  F.  van  Tyll. 

The  following  Order  was  made  : 

On  the  petition  of  the  inhabitants  of  the  respective 
towns,  viz  :  Elisabets  Towne,  ?Sew  Worke  and  Piscattawaj, 
situated  at  Arhter  Coll^ 

The  Commanders  and  Hon'''®  Council  of  War  having 
considered  and  read  the  Petition  of  the  inhabitants  of  tlie 
villages  of  Elisabets  Towne  New-Worke  and  Piscattaway, 
have  ordered  thereupon  that  all  the  inliabitants  of  those 
towns  sliall  be  granted  the  same  Privileges  and  Freedoms 
as  will  be  acct)rded  to  native  born  subjects  and  Dutcli 
towns  ;  also  the  Petitioners  and  tlieir  heirs  shall  unmolested 
enjoy  and  possess  their  lawfully  purchased  and  })aid  for 
lands,  which  shall  afterwards  be  confirmed  to  them  by  the 
(T(»vernor  in  due  form  ;  in  regard  to  the  bounds  of  each 
town,  they  shall  hereafter  be  fixed  by  the  Governor  and 
Council  ;  in  respect  to  imi)ressment,  none  of  the  English 
nation  shall,  in  time  of  war  with  his  Majesty  of  England, 
be  impressed  against  their  own  nation  on  condition  that 
they  com})ort  themselves  (juietly  and  j)eaceably,  but  their 
ships  and  boats  shall  be  subject  thereto.  Concerning 
inheritance,  they  shall  have  to  regulate  themselves,  accord- 
ing to  the  laws  of  Netherland,  but  be  at  liberty  to  dispose 
of  their  property  by  will,  according  to  their  pleasure  ;  and 
in  case  any  wish  to  depart  from  this  government  with  their 
property,  they  shall  be  at  liberty  so  to  do  witliin  the  terra 

1  Avhter  h'oll  or  Coll  was  an  appellation  fii»*t  applied  to  Newark  Bay,  meaning 
"Behind  or  Back  of  the  Bay"— the  great  Bay  of  the  North  Kiver— and  was  Hubse- 
ipieutly  transfened  to  the  lan4  as  well.    Eu. 


1673]         MINUTES  OP  COUNCIL  Op  NEW  NETHERLAND.  125 

of  six  mouths  on  condition  of  previously  paying  their  debts, 
and  obtaining  proper  passport  from  the  Governor.  Fur- 
thermore, no  person  shall  be  suffered  to  settle  within  this 
government  without  the  Governor's  previous  approbation 
and  finally,  the  Petitioners  are  granted  and  accorded  Free- 
dom of  conscience  as  the  same  is  permitted  in  the  Netlier- 
lands. 

Further,  the  Deputies  from  the  Towns  of  Woodbridge, 
Schrousbury  and  Middeltowne  situate  at  AvhUr  CoU,  com- 
ing into  court,  the  above  privileges  were,  at  their  verbal 
re(|uest,  in  like  manner  granted  and  allowed  to  their  towns  ; 
but  all  subject  to  further  orders  from  their  Iligli  Mighti- 
nesses and  his  Serene  Highness  of  Orange 

Captain  John  Berry,  William  Sandfort,  Samuell  Edsall 
and  Lourens  Andriessen,  appearing  before  the  Council 
request  that  they  and  their  plantations  may  be  confirmed 
in  the  privileges  which  they  obtained  from  their  previous 
Fatroons,  and  furthermore  possess  unobstructed  their 
houses,  lands  and  goods,  and  to  enjoy  such  further  privi- 
leges as  are  granted  and  accorded  to  all  other  the  inhabit- 
ants of  Achter  Coll,  lately  called  New  Jarsey. 

Ordered  thereupon  : 

The  Petitioners  shall  enjoy  their  lawfully  acquired 
houses,  lands  and  goods,  together  with  such  privileges 
as  are  granted  and  accorded  to  their  neighboring  towns  of 
Achter  Coll.  What  regards  the  privileges  obtained  from 
their  previous  Fatroons,  the  same  is  denied  the  Petitioners. 

.     .     .     From  the  nomination  of  the  inhabitants  of  the 
town  of  Bergen  and  dependencies  are  tliis  day  elected. 
As  Sellout  and  Seei'etary     .     .     .     Claes  Arentse, 
As  Srhejnerifi 
Gerrit  Gerrits,  Elias  Michielse, 

Thomas  Frederiks,  Peter  Marcelissen, 

Cornelis  Abramse  ; 
Whereof  a  certificate  is  sent  them,  and  it  is  further  recom- 
mended them  to  come  here  and  be  sworn  in. 


126  NEW    JERSEY    COLONIAL    DOCTMENTS.  :[1673 

At  a  Meeting  of  the  Comnianders  and  Hon'')*  Council  of 
War  of  New  Xetlierlaiids,  liolden  in  Fort  William  Hen- 
drik,  on  Satnrdav.  l!»"'  oi  August,  A"  1C73. 

Prehent — Comnumder  Jacob  Benckes, 

Commander  Cornelis  Evertseii,  Junior. 
Captain  A.  Colve. 

The  Depnties  from  the  Towns  of  Elisabets  Towne,  New- 
worke,  Woodbridge,  Piscattaway,  Middeltowne  and  Sohrone- 
bui-y  appearing,  are  ordered  to  call  together  the  inhabitants 
of  their  respective  Towns,  and  to  have  them  nominate  by 
plurality  of  votes,  a  double  number  for  Schepens  or  Magis- 
trates of  said  Towns;  also  from  each  Town  to  elect  two 
Deputies,  who  shall  meet  togethei-  as  one  Board,  and  then 
nominate,  by  the  gi-eatei"  number  of  votes,  three  persons  for 
ISchout  and  three  for  Secretary,  over  the  said  six  Towns  to 
which  end  the  following  Oi'dei'  is  sent  to  each  of  them. 

The  Command'^-in-C 'hiefe  and  Councell  of  wan-  in  fort 
William  llendrik. 
Do  herebij  order  &  strictlij  recpiire  the  Inhabitants  of 
Elisabeth  Towne  to  call  a  Townes  fleeting,  and  by  a  gen- 
erall  vote  to  nominate  six  persons  for  magestraets  of  their 
said  towne,  as  alsoo  to  appoint  twoo  de])utys  Avho  are  to 
meete  with  the  rest  of  the  tijve  neighbouring  townes,  to  wit: 
New  worke,  Woodbridge,  Piscattawaij,  Middletowne  & 
Shrousburrij,  wich  said  deputys  shall  be  authorized  to 
nominate  three  persons  for  Schout  and  three  for  Secre- 
tarijs,  out  of  wich  said  nominated  persons  bij  ns  shall 
1)6  ellected  for  each  towne  three  magistrates,  and  for  the 
s**  six  Townes  in  generall,  one  for  Schout  vfe  one  for  Secre- 
tary, and  the  said  Inhabitants  cV  de])utys  are  hei'ebij  re- 
quiered  to  make  a  true  returne  thereof  unto  us  within  the 
space  of  six  daijes  next  ensuing.  Dated  at  forte  Willim 
Hendrik  the  19  oi  August,  A"  h>7'^. 

(Signed)     Jacob  Benckes, 

Cornelis  Everts,  Junior, 


1673]  MINUTES  OP  COUNCIL  OF  NEW  NETHEKLAND.  127 

At  a  Meeting  of  the  Commanders  and  Hon**!"  Councel  of 
War  of  New  Netherland,  holden  in  Fort  Willem  Hendrik, 
21*'  August,  1673 

Present — Commander  Jacob  Benckes, 

Commander  Cornelis  Evertsen,  Junioi', 
Captain  Anthony  Colve. 

The  newly  chosen  Schout,  Secretary  and  Scliepens  of  the 
Towns  of  Midwont,  Breukelen,  Amesfort,  Utreght,  Bos- 
wyck  and  Gravesend,  appear  before  the  Council  to  take 
the  oath  of  allegiance,  which  they  have  subscribed  in  form 
as  herein  before  taken  by  Burgomasters  and  Schepens. 

The  Schout  and  Magistrates  of  the  Town  of  Bergen  in 
like  manner  appearing,  have  also  taken  the  oath  in  form  as 
aforesaid,  and  are  further  told  that  the  Commanders  shall 
visit  their  Town  on  Sunday  after  the  Sermon,  in  ordei'  to 
administer  the  oath  of  allegiance  to  all  their  people. 

On  the  petition  of  the  Schout  of  the  Town  of  Bergen  he 
is  permitted  and  allowed  by  the  Hon^'*  Council  of  War 
henceforth  to  fill  and  execute  the  office  of  auctioneer.     .     . 

23**  August,  A**  1673  ....  Agreeably  to  our 
previous  order  the  inhabitants  of  the  Towns  of  Wood- 
bridge,  Elisabets  Towue,  Shrousbuiy,  Middel  towne,  situate 
in  the  Kill  van  Col,  and  Manarneck,  situate  on  the  Sound 
over  right  Oyster  bay,  have  nominated  and  this  day  pre- 
sented to  the  Council  a  double  number  as  Magistrates  for 
their  respective  Towns. 


At  a  meeting  of  the  Commanders  and  Hon*"^  Council  of 
AVar  of  New  Netherland,  holden  in  Fort  Willem  Hendrik 
the  24'"  August,  1673. 

Present — Commander  Cornelis  Evertse,  Junior, 
Commander  Jacob  Benckes, 
Captain  Anthony  Colve.  ^ 

1  These  three  composed  the  Council,  and  were  present  at  all  the  meetings  recorded 
until  the  commencement  of  Colve'8  administration,  the  first  entry  of  which  was  under 
date  of  September  19th,  1673.    Ku. 


128  NEW   JERSEY  COLONIAL   DOCITMENTS.  [167.^ 

From  the  nomination  presented  by  the  inhabitants  of  the 
Towns  of  Elisabets  T(»wne,  AV^)odbridge,  Selin»iisl>ury, 
Middeltowne  and  Mamarneck,  the  folloAvintJ^  are  this  day 
elected  Schcpens  of  said  Towns  : 

M(i<i'i-sii'ni'ix  or  Scjnppiix  of  Kl txiilxi^  Tod'itr ; 
John  Ogden,  Senior,  Samuel  Hopkins,  Jacob  Melyn, 

j\1  (I yixt rate's  or  Sclirjx^n.^  of  Wooilhr'nlgr  : 

Samuel  Dennis,  Obadiah  Hoits,  Stephen  Kent 

Sworn  1"'  Se])tember,  1673 

iy/ti{/tsfrofrs  or  ScJii'jxiis  iif  S/irt^ushi/rj/ : 

John  Hanoe,  Eleakim  Wardil,  Hugh  Dyckman 
Sworn  1"  September,  1673 

Magistrate  s  or  SvhrjMiis  of  y<inrorJ\f  : 

Jasper  Crane,  Robbert  Bond,  John  Ward, 

Sworn  P'  September,  1673. 

Mayistratt's  of  MainarnecTx  : 
John  Busset,  Henry  Pisbrou, 

Of  which  election  a  formal  certificate  \vas  sent  to  each 
of  said  Towns,  and  'tis  ordered  that  those  elected  shall  come 
hither  on  the  tirst  opportunity  to  be  sworn  in. 

The  following  is  the  Form  of  the  Oath  : 

Whereas  wee  N:  N:  are  chosen  bij  y*  authority  of  tlie 
high  &  mighty  Lords  the  Staets  Generall  etz  to  bee  magis- 
traets  <jf  the  towne  called  N.  N.  wee  doe  sweare,  in  y* 
Presence  of  y*  allmighty  Godt,  to  be  true  ct  tfaithtiull  to 
y*  said  authority,  and  their  Govern"^  for  y*  tijme  being, 
and  that  wee  equally  v\:  im})artially  shall  exercize.  Justice 
betwixt  party  iV:  partij,  without  Respect  off  persons  or 
nations,  and  y^  we  shall  ffollow  such  ffurther  orders  & 
Instructions  as  we  ffrom  time  to  time  shall  receise  ffrom 
y*  Govern''  it   Councell  in  time  being.     So  help  us  God. 


1673]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  129 

.     .     the  26*'^  of  August,  1673.     .     .     . 
From  the  nomination  of  the  inhabitants  of  the  Town  of 
Piscattaway  are  elected  : 

A'S  Schepenf< : 

John  Smally,  Nicolas  Boman,  Daniel  Denton, 

Sworn  Q'^  Sep-",  1673. 

The  27*^*^  August.  Pursuant  to  the  resolution  of  the  21** 
instant,  the  Commanders  and  Council  of  War  did  this  day 
proceed  to  the  Town  of  Bergen,  where  the  Burghers  of 
that  town  and  dependencies  were  found  to  amount  to  78  in 
number,  69  of  whom  appeared  at  drum-beat  who  took 
the  oath  of  allegiance  in  like  form  as  hereinbefore  inserted 
under  date  instant ;  the  remainder  were  absent, 

whose  oaths  the  Magistrates  were  ordered  to  forward. 


.     .     the  1*'  September  1673     ,     .     . 
The   following  is  the  election  and  commission  for  the 
Schout  and  Secretary  of  the  towns  situate  at  Achter  Coll 

The  Lords  Commanders  &  Hon*"®  Councel  of  Warre  of 
New  Nederland,  residing  in  fort  Willim  Hendrik  etz. 
Whereas  wee  have  thought  iitt  vfe  necessarij  to  discharge 
the  forme  of  Governm''  late  in  practice  here  and  to  reduce 
it  under  the  stijle  of  Schout  and  Scheepens,  w*^*"  is  custom- 
arij  in  our  natieve  country,  the  United  Belgick  provinces. 
Know  yee  therefore  that  wee  bij  virtue  of  o*"  Commission 
from  y®  High  &  mighty  Lords  the  States  Generall  and  his 
Serene  Highnesse  the  Prince  of  Orange  etz.  out  of  y®  Nom- 
ination presented  unto  us  bij  y*'  deputies  of  Elisabeth 
Towne  Wood  Bridge,  Shrousburry,  New-Worke  Piscatte- 
waij  &  Middeltowne,  have  elected  and  established 

IVP  John  Ogden  to  be  Schout  &  )  of  all  the  respective 

M""  Samuell  Hopkins  to  be  Secretary  )  Townes 

Giveing  &  by  these  presents  granting  unto  the  s**  John 
Ogden  &  Samuel  Hopkins  &  each  of  them,  full  pouwer 


130  NEW    JERSEY   COLOxVIAL    DOCUMENTS.  [1673 

strenght  6z  authority  in  their  said  ofhces.  Tlie  said  Schoiit 
together  w^''  y^  Schepens  or  magistrates  of  }•*  respective 
Townes  to  llule  &  governe  as  well  their  Inhabitants  as 
Strangers  and  y*"s''  Samuel  Hopkins  tu  administer  the  ottice 
of  Secretarij  in  y'^  s''  Townes  according  to  the  Laws  of  the 
United  Ik'lgicij  Provinces  and  such  particular  Instructions 
as  they  fr(,»m  time  to  time  shall  receive  from  us  A:  from  our 
Gonern"  for  the  time  being,  and  wee  do  hereby  strictly 
order  tfc  Command  all  the  inhabitants  of  the  said  Townes 
to  obeij  iV:  execute  all  such  lawful!  orders  t.V  constitutions 
as  sliall  be  made  by  y*  s''  Schout  A:  magistraets  for  the  wel- 
fare of  y*"  s''  respective  Townes  and  y*'  inhabitants  thereof. 
Dated  as  above. 

Tlie  Schout  John  Ogden  and  Secretary  Saniuell  Hopkins 
are  this  day  ordered  to  take  an  Inventory  of  the  estate  of 
tlie  late  (lovernor  Carteret,  and  to  report  the  result. 

.     .     .     on  the  <>"'  September,  A"  lt)To 

Captain  Ivuyf  and  Captain  Snell  are  this  day  commis- 
sioned and  authorised  by  the  Hon'*'*  Council  of  War.  to 
repair  with  the  clerk  Abram  Varlet  to  Elisabets  Towne, 
Woodbridge,  Shrousbury,  Piscattaway  New  Worke  and 
Middeltowne,  situate  at  Achter  Coll,  and  to  administer  the 
oath  of  allegiaiu^e  to  all  the  inhabitants  of  those  towns  in 
the  form  as  hereinbefore  recorded,  to  which  end  orders  and 
inBtruction  in  due  form  are  also  given  them 

.     .     .     on  the  7'"  Se})tember,  lt)73 

Schout  John  Ogden  and  Secretary  S;imui'l  Hopkins 
appearing,  comi)lain  that  Robert  Lapriere  hath  removed 
divers  goods  from  the  house  of  Philip  Carteret  which  he 
refuses  to  restore;  also  that  one  John  Singletary  refuses  to 
obey  their  connnands  ;  whereupon  tis  ordered  to  arrest  said 
persons  and  bring  them  hither,  to  which  end  some  soldiers 
are  furnished.  They  are  furthermore  ordered  to  summon 
James  Bollen,  late  Secretary  of  the  Province  of  New  Yer- 


1673]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  131 

sey,  to  deliver  up,  agreeably  to  former  order  the  Governor's 
papers  within  the  space  of  10  days  after  this  date,  or  in 
default  thereof,  his  property  shall  be  at  the  disposal  of  the 
Hon^'*  Council  of  War 

8**'  of  September  A"  1H73     .     .     .     . 

Captain  Berry  and  William  Sandford  entering  and  re- 
questing, in  substance,  that  the  Records  and  Papers  of  the 
late  Province  of  New  Yarsey,  may  for  divers  reasons  be 
delivered  to  and  remain  in  the  office  of  the  Secretary  of 
this  Government,  and  not  with  M""  Hopkins  individuall}^ : 
the  same  is  provisionally  allowed  them  until  further  inquiry 
be  made  herein 

.  .  9^^  of  7*'",  1673  ...  .  Robert  Lapriere  and 
Jonathan  Singletary  being  arrested  by  the  Sheriff  of  Achter 
Coll  and  pursuant  to  previous  order  sent  hither,  are  exam- 
ined in  Council  on  the  charges  brought  against  them,  all 
which  were  denied  by  them.  Whereupon  ordered,  that 
John  Ogden,  the  Sheriff,  be  summoned  hither  to  prove  his 
complaints  against  those  persons. 


12'^  of  Sepfember,  1673 
James  Pollen,  Capt°  Berry,  Samuel  Edsall  and  some 
inhabitants  of  Woodbridge,  again  request  that  the  books 
and  papers  concerning  the  province  called  New  Yarsie,  may 
be  delivered  into  the  hands  of  Secretary  Bayard  and  not  to 
Samuel  Hopkins,  as  they  have  great  reasons  to  suspect  said 
Hopkins  of  having  made  away  with  some  of  them.  Their 
request  is  granted  and  allowed 


.     .     13'"  of  7''%  1673     .     .     . 

The  Sachems  and  Chiefs  of  the  Hackinsagh  Indians, 
accompanied  by  about  20  of  their  people,  requested  an 
audience,  and  being  admitted,  state  that  they  have  been 
sent  to  the  Commanders  by  the  rest  of  their  Indians,  to 


132         NEW  JERSEY  COLONIAL  DOCUMENTS.       [1673 

request  that  as  they  heretofore  had  lived  in  peace  with  the 
Dutch,  they  may  so  continue  in  future  ;  declaring  that 
on  their  side  it  was  sincerely  desired,  in  token  whereof 
they  presented  about  20  deer  skins,  2@3  laps  of  Beaver, 
and  1  string  of  Wampum. 

Whereupon  they  were  answered  :  Tliat  their  presents 
and  proposals  were  accepted,  and  they  should  be  considered 
by  the  Government,  as  heretofore,  good  friends  ;  in  con- 
firmation whereof  they  were  presented  with  6}@,  of 
checkered  linen  ;  12  pairs  of  woolen  hose,  and  five  car- 
tridges of  powder ;  for  which  they  thanked  the  gentlemen, 
and  again  departed. 

The  Hon'"''"  Council  of  War  liaving  heard  and  examined 
the  complaints  of  John  Ogden,  Sellout,  against  Jonathan 
Singletary,  for  not  only  refusing  to  obey  the  orders  sent 
him  by  said  Schout,  but  moreover  for  answering  very 
rudely  and  discourteously  in  writing,  in  contumely  and 
disrespect  of  his  authority,  which  being  sufficiently  proved, 
partly  by  admission  and  further  by  evidence  on  oath,  the 
Hon*"®  Council  of  War,  'by  virtue  of  their  commission 
administering  justice,  have  therefore  condenmed  and  sen- 
tenced, as  they  do  hereby  sentence  and  condemn  said 
Jonathan  Singletary  to  pay  a  fine  of  Five  Pounds  Sterling, 
to  be  applied  to  the  behoof  of  the  poor  of  this  city,  with 
further  warning  that  strict  orders  shall  be  given  to  the 
Magistrates  of  Ac/itn'  Coll  to  have  a  strict  eve  over  his 
behavior,  and  that  he  shall,  on  the  first  comj^laint  made 
de  novo  against  him,  be  punished  as  a  mutineer  and  dis- 
turber of  the  public  peace,  and  as  an  example  to  others. 
Further  to  pay  costs  of  court. 

The  Hon****  Council  of  War  having  lieard  and  examined 
the  complaint  of  John  Ogden,  Schout,  against  Ilobert  Van 
Quelen,  alias  Lapriere,  who  refuses  not  only  to  obey  the 
orders  sent  to  him  by  the  Schout  to  restore  the  goods 
removed  by  him  from  the  house  of  the  late  Cirovernor  Car- 
terett,  but  moreover  publicly  stating  with  threats  that  the 


1673]  MINUTES  OF  COITNCIL  OP  NEW  NETHERLAND  133 

Duke  of  York  had  still  au  interest  in  Fort  James,  and 
that  there  would  be  another  change  within  half  a  year. 
All  which  being  sufficiently  proved  under  oath,  the  Coun- 
cil of  War  therefore  administering  Justice  by  virtue  of  its 
commission,  have  hereby  condemned  and  sentenced  said 
Robert  Yan  Quelen  to  restore  the  removed  goods  of  Capt. 
Carterett,  and  furthermore,  to  be  banished  as  an  example 
to  others.     Ady  as  above. 

.    .     14'»'  of  7'^«'-,  1673.     .     .     . 

Capt"  Kuyff  and  Liut  Snel  having  returned  yesterday 
from  A^ghter  Coll,  report :  That  pursuant  to  their  commis- 
sion, they  have  administered  the  oath  of  allegiance  in  the 
form  hereinbefore  set  forth,  under  date  ,  to  the 

inhabitants  of  the  undernamed  towns,  who  are  found  to 
number  as  in  the  lists  delivered  in  to  the  Council 

KlmthetJdoion,  80  men,  76  of  whom  have  taken  the  oath  ; 
the  remainder  absent. 

Neio  Wm'ck,  86  men,  75  of  whom  have  taken  the  oath  ; 
the  remainder  absent. 

Woodln'idye,  54  men,  all  of  whom  have  taken  the  oath  ; 
except  one,  who  was  absent. 

Piscaitaway,  43  men,  all  of  whom  have  taken  the  oath. 

Middeltowne,  60  men,  52  of  whom  have  taken  the  oath  ; 
the  remainder  absent. 

Schrousbury^  68  men,  38  of  whom  have  taken  the  oath  ; 
18  who  are  Quakers,  also  promised  allegiance,  and  the 
remainder  were  absent. 

The  following  is  the  roll  of  the  officers  of  militia  elected 
and  sworn  in  by  Capt°  Kuyff  and  Lieutenant  Snel,  by  order 
of  the  Council  of  War  : 

Elisabethtown :  Jacob  Molyn,  Captain  ;  Isaac  Whitehead, 
Lieutenant ;  John  Woodrof,  Ensign, 


134  NEW    JERSEY   COLONIAL    DOCtMEIfta.  [1673 

New     Wm'le :     Samuel    Swaine,    Captain;     Joliii     Ward, 
J.ieutenant  ;  Samuel  Kitcliell,  Ensign. 

Woodhrh1g<' :  John  Pike,  Captain  ;  John   Bishop,  Lieutenr 
ant  ;  Samuel  Dennis,  Ensign. 

P(t<t<cattiiiriiy  :  Bennayah  Dunham,  Captain  ;  Joseph  Snow, 
Lieutenant  ;  John  Longstaf,  Ensign  ; 

M'((t(hltuiriic :  Jonathan    liuhnes,   Captain;    John   Smith, 
Lieutenant  ;  Thomas  \Vhith>ek,  Ensign. 

^c/irou.sburt/  :  William  Newman,  Captain  ;   John  William- 
son, Lieutenant ;  Nicies  Browne,  Ensign. 


29  Ttember,  1673 

On  the  request  made  on  behalf  of  Col.  Lewis  Moorris, 
pass  and  repass  is  granted  him  to  come  into  this  govern- 
ment, on  condition  that  he  attempt  nothing  to  its  prejudice 
during  his  sojourn  ....  Notice  is  this  daj  sent  to 
the  Magistrates  of  the  town  situate  at  the  Nevesings  near 
the  sea  coast,  which  they  are  ordered  to  publish  to  their 
inhabitants,  that  they  on  the  first  arrival  of  any  ships  from 
sea  shall  give  the  Governor  the  earliest  possible  informa- 
tion thereof 

Whei-eas  the  Late  Chosen  Magestrates  off  Shrousburij 
are  found  to  be  Persons  whoes  religion  Will  Not  Suifer 
them  to  take  anij  oath,  or  administer  the  Same  to  others 
wherefore  they  Can  Nott  be  tit  Persons  for  that  office  1 
have  therefore  thought  titt  to  order  that  bij  y"  s**  Inhabit- 
ants off  y*  s**  towne  a  New  Nomination  shall  be  made  off 
four  Persons  off'  the  true  Protestant  Christian  religion,  out 
off  which  I  shal  Elect  two,  and  Continue  one  off  y*  former 
for  Magestrates  off  y*  s**  towne  ;  dated  att  ffort  Willam 
he\idrick  this  29"'  7*^^'  1673. 

(Signed)      A.  Colve 


1673]  MINUTKS  OF  OOttNCiL  OF  NFW  NRTHERLANn.  135 

Provisional  Instruction  for  tlie  Sellout  and  Magistrates 
of 


Art.  1.  The  Sheriff  and  Magistrates  shall,  each  in  his 
quality,  take  care  that  the  Reformed  CMiristian  Religion  be 
maintained  in  conformity  to  the  Synod  of  Dordrecht  with- 
out permitting  any  other  sects  attempting  any  thing  con- 
trary thereto. 

2.  The  Sheriff  shall  he  present,  as  often  as  possible,  at 
all  the  meetings  and  preside  over  the  same  ;  but  should  he 
act  for  himself  as  party,  or  in  behalf  of  the  rights  of  the 
Lords  Patroons  or  of  Justice,  lie  shall,  in  such  case,  rise 
from  liis  seat  and  leave  the  Bench  and  in  that  event  he 
shall  not  have  any  advisoiy  much  less  a  concluding  vote, 
but  the  oldest  Schepen  shall,  then  preside  in  his  place 

3  All  cases  relating  to  the  Police,  Security  and  Peace 
of  the  Inhabitants  ;  also  to  Justice  between  man  and  man, 
shall  be  iinally  determined  by  the  Magistrates  of  each  of 
the  aforesaid  villages,  to  the  amount  of,  and  under,  sixty 
florins,  Beaver,  without  appeal ;  In  case  the  sum  be  larger 
the  aggrieved  party  may  appeal  to  the  meeting  of  the 
Sheriff  and  Councillors  delegated  from  the  villages  subject 
to  his  Jurisdiction,  for  which  purpose  one  person  shall  be 
annually  appointed  from  each  village  who  shall  assemble 
in  the  most  convenient  place  to  be  selected  by  them,  and 
who  shall  have  power  to  pronounce  final  Judgment  to  the 
amount  of  fl.  24(>  Beavers  and  thereunder.  But  in  all  cases 
exceeding  that  sum  each  one  shall  be  entitled  to  an  appeal 
to  the  (Tovernor-General  and  Council  here. 

4  In  case  of  inequality  of  votes,  the  minority  shall  sub- 
mit to  the  majority  ;  but  those  who  are  of  a  contrary 
opinion  may  have  it  recorded  in  the  minutes  but  not 
divulge  it  without  the  meeting  on  pain  of  arbitrary  correc- 
tion. 

5  Whenever  any  cases  occur  in  tlie  meeting  in  which 
any  of  the  Magistrates  are  interested,  such  Magistrate  shall, 
in  that  instance,  rise  and  absent  himself,  as  is  hereinbefore 
stated  in  the  2^  article,  of  the  Sheriff. 


iSfi  nfAv  jersey  colonial  documents.  [1673 

6.  All  inhabitants  of  the  ahove  named  villages  shall  be 
citable  before  said  Sheriff  and  Shepens  or  their  delegated 
Councillors  who  shall  hold  their  meetings  and  conrts  as 
often  as  they  shall  consider  requisite. 

7.  All  criminal  oftences  shall  be  referred  to  the  Gover- 
nor-General and  Council,  on  condition  that  the  Sheriff  be 
obliged  to  apprehend  the  offenders,  to  seize  and  detain 
them  and  to  convey  them  as  prisoners  under  proper  safe- 
guard to  the  Ciiief  Magistrate  with  good  and  correct  infor- 
mations for  or  against  the  offenders. 

8.  Smaller  offences,  such  as  quarrels,  abusive,  words, 
threats,  fisticuffs  and  such  like,  are  left  to  the  Jurisdiction 
of  the  Magistrates  of  each  particular  village. 

9.  The  Sheriff*  and  Schepens  shall  have  power  to  con- 
clude on  some  ordinances  for  the  welfare  and  peace  of  the 
inhabitants  of  their  district,  such  as  laying  out  highways, 
setting  off  lands  and  gardens  and  in  like  manner  what 
appertains  to  agriculture,  observance  of  the  Sabbath,  erect- 
ing churches,  school-houses  or  similar  public  works.  Item^ 
against  fighting  and  wrestling  and  such  petty  offences, 
provided  such  ordinances  are  not  contrary  but  as  far  as  is 
possible,  conformable  to  the  Laws  of  our  Fatherland  and 
the  Statutes  of  this  Province  ;  and,  therefore,  all  orders  of 
any  importance  shall,  before  publication,  be  presented  to 
the  Chief  Magistrate  and  his  approval  thereof  requested 

10.  The  said  Sheriff'  and  Schepens  shall  be  bound  strictly 
to  observe  and  cause  to  be  observed  the  Placards  and  Ordi- 
nances which  shall  be  enacted  and  published  by  the  supreme 
authority,  and  not  suffer  anything  to  be  done  against  them, 
but  cause  the  transgressors  therein  to  be  proceeded  against 
according  to  the  tenor  thereof ;  and  further,  promptly 
execute  such  orders  as  the  Governor-General  shall  send 
them  from  time  to  time. 

11.  The  Sheriff  and  Schepens  shall  be  also  obliged  to 
acknowledge  as  their  Sovereign  Rulers,  their  High  Mighti- 
nesses the  Lord  States-General  of  the  United  Netherlands 
and  his  Serene  Highness  the  Lord  Prince  of  Orange,  and 


1673]  MINUTES  or  COUNCIL  or  NEW  NETHERLAND.  137 

to  maintain  their  sovereign  Jurisdiction,  right  and  domain 
over  this  country. 

l!2.  The  selection  of  all  inferior  officers  and  servants  in 
tlie  employ  of  the  Sheriif  and  of  the  Schepens,  the  Secre- 
tary alone  excepted,  shall  be  made  and  confirmed  hy  them- 
selves. 

13.  The  Sheriff  shall,  hy  himself  or  deputies  execute 
all  the  Magistrates'  Judgments  and  not  discharge  any  one 
except  by  advice  of  the  Court;  he  shall  also  take  good  care 
that  the  places  under  his  charge  shall  be  cleansed  of  all 
mobs,  gamblers,  whore-houses  and  such  like  impurities. 

14.  The  Sheriff  shall  receive  the  half  of  all  civil  fines 
accruing  during  his  term  of  office  together  with  one-third 
part  of  what  belongs  to  the  respective  villages  from  criminal 
cases ;  but  he  shall  neither  directly  nor  indirectly  receive 
any  presents  forbidden  by  law. 

15.  Towards  the  time  of  election,  the  Sheriff  and 
Schepens  shall  nominate  as  Schepens  a  double  number  of 
the  best  qualified,  the  honestest,  most  intelligent  and 
wealthiest  inhabitants,  exclusively  of  the  Reformed  Chris- 
tian Religion  or  at  least  well  affected  thereunto,  to  be 
presented  to  the  Governor,  who  shall  then  make  his  elec- 
tion therefrom  with  continuation  of  some  of  the  old  ones 
in  case  his  Honor  may  deem  it  necessary. 

Dated  Fort  Willem  Hendrick,  the  first  of  October,  1673. 

The  preceding  instruction,  as  registered  word  for  word, 
is  in  like  manner  sent 

In  English,  to  Schout  John  Ogden  and  the  Magistrates 
of  the  Towns  of  Elizabethtown,  Woodbridge,  Shrousbury, 
New  arke,  Piscattaway  and  MiddeltoM'n,  situate  at  Ar/tier 
Col. 

To  the  Schout  and  Magistrates  of  the  Town  of  Bergen, 
only  with  this  alteration,  that  in  the  3*^  par.  they  shall 
pronounce  definitive  Judgment  to  the  amount  of  H.  60  in 
Beavers  and  no  further. 

Ditto  to  those  of  Berg-en  and  Westchester  and  Staten  Island 


13>i  NKW    .1KRSKY    COLONIAL    DOCl'MKNTS.  |  1<^>73 

The  (Tovernor  has  tliis  day  resolved  to  sell  Major  Kin^s- 
laiid's  j)lautation  and  effects  at  Achfrr  Col ;  and  the  Magis- 
trates of  the  Town  of  Newarke  are  accordini^ly  authorized 
to  drive  ()ff"  and  sell  by  ])ul)lic  auction  the  cattle  and  swine 
of  said  plantation,  to  he  ])aid  fur  next  winter  in  salt  poi'k 
(ft  3  £,  or  beef  @  2  £  per  hairel,  winter  wheat  @  6  guilders 
or  peas  (*J.  4  ii;uilders.  Wampum  currency,  per  skepel  ;  and 
it  is  further  ordered,  that  written  notice  shall  he  given  that 
said  plantation  and  house  will  be  sold  on  the  28*''  instant 
at  the  house  of  Philip  Xys  here  in  this  city.  Dated  Fort 
Willeni  lleudrick,  this  l"'  October 


M"  John  Oi^den 

Yesterday  I  sent  ^'ou  y  Instructions  bij  ij*^  wai j  of  New 
Worke  since  that  time  1  Received  y"  of  y*^  2H'"  of  Septemb' 
last  and  Ynderstood  out  of  y*  same  y*  proceedings  of  ijour 
people  w*''  y^  Indians  of  w"^^''  J  do  wal  approve  and  accord- 
ing to  your  desire  I  wil  alsoe  Endeavour  that  Satisfaction 
maij  be  given  by  y"  Indians  to  y*  owners  to  w*^''  End  I 
have  once  more  thought  tit  that  \^  Indian  Sachem  be  sum- 
moned to  appeare  before  me  to  give  me  satisfaction  about 
it  and  that  y^  Messenger  doth  signify  U*  him  that  1  do 
much  Wonder  tliat  all  y'"  Cheife  Sachems  hereabouts  as  also 
those  of  y''  Mohacks  have  bene  here  to  present  themselves 
unto  me  and  that  he  onlij  Kemains  Defective  therein 
wherefore  I  would  willingly  Speake  w"'  liim  t(»  know  y* 
Reason  ;  and  that!  promise  hinl  of  his  Company  freely  to 
Passe  lV  Kepas  without  any  Afolestation  you  may  alsoe  give 
Order  what  goods  he  hath  Tendrctl  or  yett  shall  tender  to 
Restore  y*^  pe(»ple  maij  Receive  from  him  and  left  an  ace' 
be  sent  me  wliat  y'  losse  maij  be  of  y*  goods  w'"''  still  are 
wanting.  You  are  also  Required  t<»  send  hether  bij  y" 
tirst  opportunity  the  amies  ik  other  goods  according  to 
Inventorij  formerlij  belonging  to  y'  Late  Gouvern™  Car- 
trett  and  to  Cause  this  Inclosed  order  of  arrest  to  be  pub- 
lished in  your  Severall  Townes  and   to  order  y  severall 


1673]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  139 

Clarkes  to  returne  an  ace*  tliereof  unto  you  for  to  be  pre- 
sented unto  me,  And  lett  M'"  Hopkins  Exauiin  uppon  what 
Conditions  y*  Tennants  are  Seated  uppon  the  plantations 
of  Capt°  Carterett  and  aec*  thereof  Returned  unt(t  nie  ;  not 
Else  at  Present  but  that  1  am 

Your  Loving  tfriend 
Dated  at  ffort  Willem  (signed)  A:  Colve 

Hendrick  W"  Oetob''  1673. 


Proclamation  for  a  day  of  Humiliation  and  Thanks- 
giving, 

Trusty  &  Welbeloveo 

Concidering  the  Manifold  Blessings  &  favours  w'^''  the 
Bountifull  &  Merciful  god  hath  bene  pleazed  graciously 
to  Bestow  uppon  this  Province  and  the  Inhabitants  thereof 
amongst  w*^**  is  to  be  Esteemed  beyond  all  others  the  free 
&  pure  worshipp  of  god  w"**  Blessing  together  w'^  all  others 
ought  Not  only  to  drawe  &  oblidge  us  to  dutifull  thanck- 
fulnesse  but  also  to  meeknesse  it  Rependance  because  of 
our  Manifold  sins  &  Transgressions  to  the  End  the  s**  Bless- 
ings (k  favours  of  our  god  may  be  Continued  towards  us  & 
this  People  <k  Country  be  free  from  this  weldeserved 
Wroth  &  Indignation,  Know  Yee  therefore  that  wee  have 
thought  it  Necessary  &.  do  by  tliese  Presenis  order  <fe  Pi-o- 
daime  an  universall  day  of  fast  humiliation  &  thaneksgive- 
ing  w'^*'  shall  be  held  w"'in  this  Province  on  the  tirst 
Wednesday  on  every  mounth  &  begunn  on  the  tirst  wesnes- 
day  of  the  next  ensuing  month  of  Decemb*"  being  Second 
day  of  the  s*^  Month,  &  soo  Alsoe  uppon  Every  tirst  Wednes- 
day of  y^  month  thereunto  Ensuing ;  And  to  the  End  the 
s**  day  of  humiliation  &  thankxgiveing  may  bee  the  better 
put  in  practice  &  due  Execution,  Wee  do  hereby  strictly 
prohibite  &  forbid  on  the  s^  day  of  humiliation  Thankx- 
giving  all  manner  of  Labour  *k  exercizings  of  hunting 
flfisshing  gaming  Excesse  in  drincking  and  the  Lyke  &  all 


14n  NEW    JERSEY    rOI.OXlAl.    DOfUMENTS,  [1073 

Iiikeepers  ife  ortlinaris  not  to  Retayle  any  Lic»j^uors  or 
ilrint-ke  iippon  Penalty  of  Corporall  Punisliment,  To  tlie 
true  p'^foiinance  of  w'''  wee  do  hereby  stricktly  order  & 
Comand  all  Magistrates  «»fficei*8  tt  Justices  of  this  Province 
ct  prolecute  against  the  Transgressions  according  to  the 
Tenn*":  thereof  and  to  Cause  this  Proclamation  to  bee  pub- 
lished in  due  time  &  place,  800  wee  Recommand  you  to 
the  Protection  of  the  Almighty  godt  ; 
Trusty  &  welbeloved 

Your  loving  tlrinds 
In  fort  W"  TIendrick  (:  Signed:)     Antony  Colve 

this  15'"  of  N(»vend/ 

(Ynderstood :) 

By  order  of  the  govern""  generall  &  Councell  of  the  Nieu 
Nietherlands. 

N:  Bayard  Secref^ 

Whereas  some  difference  has  arisen  between  ]\P  Jno. 
Berry  and  M''  AVilliam  Sandford,  both  of  whom  requested 
that  it  may  be  referred  to  the  court  of  the  Schout  and 
Magistrates  of  the  town  of  Bergen,  which  request  being 
considered  by  the  (tovernoi-,  the  same  is  for  the  present 
granted  and  allowed. 

Done  Fort  Willam  Hendrick  this  le**"  9"*^  1673. 


At  a  Council  holden  in  Fort  W"  Hendrick.  the  24'" 
December,  1673. 

Present — Anthony  Colve,  Governor-General, 
Cornells  Steenwyck,  Councillor. 

The  ISchout  and  Magistrates  of  the  town  of  Bergen 
requesting  that  the  inhabitanta  of  all  the  settlements 
dependent  on  them,  of  what  religious  persuasion  soever 
they  may  be,  shall  be  bound  to  pay  their  share  towards  the 


167-i]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  141 

support  of  the  Precentor  and  Schoolmaster,  cfec,  which 
being  taken  into  consideration  bj  the  Governor  and 
Council, 

It  is  ordered  : 

That  all  the  said  inhabitants,  without  any  exception, 
shall,  pursuant  to  the  resolution  of  the  Magistrates  of  the 
town  of  Bergen,  dated  18'*'  X''",  1672,  and  subsequent 
confirmation,  pay  their  share  for  the  support  of  said  Pre- 
centor and  Schoolmaster.     Dated  as  above. 


M''  John  Ogden  : — 

His  honnr  the  govern*"  is  Informed  that  at  your  Towne 
are  Lying  2  or  three  pieces  of  ordinance  for  w''*'  he  hath  at 
present  occasion  to  make  vse  of,  you  are  therefore  hereby 
Required  to  Cause  the  s**  peeces  to  be  sent  hether  w***  the 
first  opportunity  whereof  you  are  not  to  faile.  Soe  have- 
ing  not  Else  at  present  I  rest — 

Your  Loving  ffriend 

(:  Signed  :)  A.  Colve 

ffort  Willem  Hendrick 
2  Janu^y  1674. 


30'*'  January 

The  Governor-General  having  read  and  considered  the 
petition  of  John  Ogden,  Schout  at  Aehter  Col.,  requesting, 
in  substance  : 

First.  The  Governor-General's  ratification  of  some  ordi- 
nances enacted  by  the  Magistrates,  according  to  the  copies 
thereof  delivered  in. 

2.  That  Samuel  Moore  on  behalf  of  the  foregoing  hath 
some  promissory  notes  in  his  possession  against  some  of  the 
inhabitants,  which  the  Petitioner  requests  may  be  placed 
in  his  hands. 

3.  Requests  that  the  records  of  the  late  government 
may  be  lodged,  under  inventory,  with  the  Secretary  of 
Aghter  Col. 


142  XEW    JERSEY    COLONIAL    DOCUMENTS.  [1674 

4.  That  the  Court  may  be  authorised  to  sentence  and 
inflict  corporal  punishment,  Puoh  as  flogging  and  lighter 
penalties. 

It  is  ordered  : 

The  Petitioner  is  directed  to  have  the  enacted  ordinances 
translated  into  the  Dutch  language,  when  they  will  he 
examined,  and  if  found  suitable,  ratified  ;  regarding  the 
complaint  against  Samuel  Moore,  those  interested  in  said 
notes  can  institute  their  action  at  law  against  him,  and 
furthermore,  it  is  granted  to  the  Petitioner  that  the 
requested  records  shall  be  lodged,  under  proper  inventory, 
with  the  Secretary  there.  The  4"'  point  will  be  taken  into 
further  consideration  by  the  (-rovernor  and  Council 

Thomas  Johnson,  inhabitant  of  New  vvorke,  at  Ayhter 
CoU^  is  hereby  permitted  to  proceed  hence,  in  person,  to 
New  England  and  to  remove  thence  and  bring  here  his 
vessel  and  some  goods  lawfully  belonging  to  him,  on  con- 
dition that  he  do  not  carry  hence  nor  bring  in  here  any 
letters  contrary  to  the  placard,  and  be  bound,  on  his  return, 
to  surrender  this  permit  and  to  report  himself  tu  the  Gov- 
ernor General  here ;  and  all  Cai)tains,  Comnianders  and 
other  officers  of  this  Province,  are  hereby  required  to  allow 
said  Thomas  Johnson  to  pass  and  repass  this  time.  Done 
Fort  Willcm  Ilcndrick,  this  2^  March,  A"  1674. 


At  a  Council  in  Fort  "VVillcni  Hendrick,  Thursday  S^** 
March  1H74 

Present — GovernorCicneral  Antony  Colve, 
Councillor  Cornelis  Steenwyck, 
M""  Cornelis  van  Ruyven  and 
Secretary  Nicolaes  ]^ayard,as  assumed  Council. 

Read  and  considered  the  petition  of  Bartholemew  Appel- 
gadt,  Thomas  Appelgadt  and  Richard  Sadler,  requesting 
in  substance  that  tliey  may  be  allowed  to  purchase  from 


1674]  MINUTE6  OF  COUNCIL  OF  NEW  NETHEELAND.  143 

the  Indians  a  tract  of  land  situate  about  two  leagues  on 
this  side  of  Middle  Towne,  near  the  Nevesings,  lit  for  a 
settlement  of  6@8  families,  &c.  Whereupon,  it  is  ordered  : 
The  Petitioners'  reijuest  is  allowed  and  granted,  on  con- 
dition that  after  the  land  be  purchased,  they  take  out 
patents  in  form  for  it,  and  actually  settle  it  within  the  space 
of  two  years  after  having  effected  the  purchase,  on  pain  of 
forfeiture. 


At  a  Council,  18'*'  April,  1674, 

Present  Governor-General  Anthony  Colve 
Councillor  Cornells  Steenwyck 
M""  Cornells  van  Ruyven  and 

Secretary  Nicolas  Bayard,  assumed  Councillors  and 
Fiscal  Willem  KuyfF 


John  Bound  and  Richard  Hartshooren,  residing  at  JVIid- 
dletown,  both  for  themselves  and  partners,  give  notice  that 
the  land  granted  to  Bartholemew  Appelgadt,  Thomas 
Appelgate  and  Richard  Sadler,  on  their  petition,  is  included 
in  their,  the  Petitioners',  patent,  requesting  therefore  that 
said  land  may  be  again  denied  to  said  Appelgate's. 

Ordered  : 

Petitioners  shall,  within  six  weeks  from  this  date,  prove 
that  said  land  is  included  within  their  patent,  when  further 
order  shall  be  made  in  the  premises. 

A  certain  Proclamation  being  delivered  into  Council 
from  the  Magistrates  of  the  Town  of  Middletowne,  prohib- 
iting and  forbidding  all  inhabitants  from  departing  out  of 
said  town,  unless  they  give  bail  to  return  as  soon  as  their 
business  will  have  been  performed,  or  they  be  enii)loyed 
in  the  public  service,  (fee,  requesting  the  Governor's 
approval  of  the  same  ;  which  being  read  and  considered,  it 
is  resolved  and  ordered  by  the  Governor-General  and  Coun- 
cil, that  no  inhabitant  can   be  hindered  changing  his  domi 


144  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1674 

cile  within  this  Province  unless  arrested  for  lawful  cause  ; 
however,  no  one  shall  depart  from  the  Town  of  Middel- 
toune  unless  he  previously  notify  the  Magistrates  there  of 
his  intention. 

This  day  Councillors  Cornclis  Stecnwj'ck  and  Cornelis 
van  Ruyven  heard,  hy  order  of  G(»vernor  Colve,  in  Fort 
Willeni  Hendrick,  the  claim  of  some  Indians  who  assert 
that  Sicakus,  a  small  island  situate  behind  Bergen,  was  not 
sold,  but  only  Espatingh  and  its  dependencies,  and  that 
other  Indians  blamed  them  for  having  sold  land  that  was 
not  theirs  ;  whereupon  the  deed  of  purchase  being  exam- 
ined and  arguments  further  heard,  they  find  the  aforesaid 
island  to  be  included  in  the  sale  made  in  January,  A"  1658, 
but  not  in  the  sale  of  the  land  of  Espatingh,  which  being 
interpreted  and  explained  to  them  by  Saartie  van  Bersim, 
they  say  they  did  not  know  it ;  propose  that  they  ought  to 
have  a  present  of  an  anker  of  rum,  which  those  interested, 
in  order  to  obviate  further  ditticulty,  have  consented  to 
give  them. 


In  a  Council,  holden  at  Fort  Willem  Hendrick,  this  24**' 
May,  1674 

Present — (to vernor-General  Colve 

Councillor  Cornelis  Steenwyck  and 
Secretary  Nicolaes  Bayard,  assumed  Councillor. 

Read  and  coiisidered  the  petition  of  Samuel  Moor,  set- 
ting forth  that  he  is  aggrieved  by  a  certain  Judgment 
pronounced  against  him  by  the  Schout  and  Magistrates  of 
tlu^  Town  of  AVoodbridge,  recjucsting  that  the  case  may  be 
taken  u]>  in  api)eal  without  bringing  it  before  the  de])uty 
Councillors,  inasmuch  as  the  Schout  who  presides  over 
them  and  the  Secretary  are  interested  in  the  case. 

Ordered  : 

The  Petitioner  in  the  case  in  question  is  referred  to  the 
Court  of  the  deputed  Councillors  at  Aghter  Col,  whose 


167-1]  MINtJTES  OF  COttiiCiL  OF  NEW  NEtHERLANn.  l45 

Judgment  must  be  pronounced  on  it  before  it  can  be  take-a 
up  in  appeal  by  the  Governor  and  Council,  and  the  Schout 
there  is  ordered  and  commanded  to  be  careful  that  said 
Court  be  conducted  pursuant  to  the  Governor's  order,  and 
that  impartial  Judges  be  appointed  over  it  who  are  no  wise 
interested  in  the  case  or  with  the  parties  on  either  side. 

Read  and  considered  the  petition  of  [John]  Berry,  com- 
plaining that  he  is  aggrieved  by  a  certain  Judgment  pro- 
nounced by  the  Court  of  the  Town  of  Bergen  between 
William  Sandfordt,  Pltff.,  and  the  Petitioner,  Deft,  on  the 
last,  requesting,  therefore,  that  it  may  be  taken 
up  here  in  appeal. 

Ordered  : 

Fiat  mandament  in  appeal  for  Thursday,  four  weeks. 

The  Schout,  Magistrates  and  Commonalty  of  the  Town 
of  Bergen,  complaining,  by  petition,  that  over  two  years  ago 
a  question  arose  between  the  Petitioners  and  their  depend- 
ent hamlets  of  Gemoenepa,  Mingaghque  and  Pemrepogh 
respecting  the  making  and  maintaining  of  a  certain  com- 
mon fence  to  separate  the  heifers  and  steers  from  the  milch 
cows  and  draft  oxen  ;  which  question  was  referred,  by  the 
late  government,  to  four  arbitrators  chosen  by  both  sides, 
who  decided,  on  the  10^**  April,  1672,  according  to  the 
certificate  produced  in  Court,  which  decision  Petitioners 
allege  their  constant  willingness  to  obey,  but  it  was  at  once 
rejected  by  their  opponents  ;  therefore,  request  they  may 
be  ordered  to  comply  with  said  arbitration,  or  show  cause 
for  their  refusal. 

Ordered : 

Tlie  inhabitants  of  the  hamlets  Gemoenepa,  Pemrepogh 
and  Mingaghque  are  hereby  ordered  and  commanded 
promptly  to  regulate  themselves  according  to  the  decision 
of  the  arbitrators  dated  the  10*''  April,  1672,  or  deliver  in 
to  the  Court  of  .the  Governor-General  and  Council,  within 
the  space  of  14  days  from  the  date  hereof,  any  objection 
they  will  be  able  to  produce  against  that  decision. 


146  Nf.W    JERSKY    rOT.OXTAt.    POrUMKN'TfJ,  [1674 

The  Sellout  and  Matjistrates  of  tlic  Town  of  Bergen, 
Ct>ni])laiiiinijf.  hy  petition,  tliat  some  of  the  inliabitants  »»f 
their  dependent  hamlets,  in  desparairement  of  the  ])i't*vious 
order  of  the  (xOvernor-Genei-al  and  Conneil  dated  the  •24"' 
X'"''"  last,  obstinately  refuse  to  ])ay  their  (juota  to  the  sup- 
port of  the  Precentor  and  Sehoolinastei'. 

Ordered  : 

The  Governor-General  and  Couneil  persist  in  their  pre- 
vious nuiTidate  of  the  24"'  X''*"*"  last  and  order  the  Sehout  to 
proeeed  to  immediate  execution  against  all  unwilling 
debtoi's. 


At  a  CouiK'il  held  in  Fort  Willcm    llendi-iek.  15"'  June, 
1674 
Present  Governor-General  Anthony  Colve, 

Councilloi"  (Jornelis  Steenwyek, 

Fiscal  William  Kuytf,  and 

Secretary  Nicolaes  P>ayard  as  assumed  Committees. 

On  petition  of  J^oureiis  Audriese.  ^^amuel  Kdsall  and 
Dirck  Claesen,  agents  of  some  hamlets  dependent  on  the 
town  of  Bergen,  requesting  that  the  Schout  and  Schepens  of 
said  towns  he  ordered  to  leave  the  Petitioners  undistnrbed, 
respecting  a  certain  fence  in  dispute  between  them,  or  to 
cause  the  Petitioners  to  be  summoned,  and  to  institute 
their  action  in  this  case,  before  the  (iovernor,  etc. 

Petitioners  are  again  ordered  pnrsuant  to  the  pit\  ions 
instruction,  to  delivci'  into  ("ourt  within  14  days,  tlu-ir 
objections  in  writing  to  the  award  given  by  the  arbitrators, 
on  pain  of  discoiitinuam-e  without  beitig  heard  any  moi'e 
in  the  pi-emiscs. 

On  petition  of  l.oui-ens  Andries  and  Joost  \an  der  Linde, 
agents  for  the  inhabitants  of  Mingagt|ue  and  Pemrepogh, 
requesting  to  be  excused  from  contiibuting  to  the  support 
of  the  schoolmaster  at  Bergen,  Arc. 

Ordered  : 


1674]  MINtJTES  OF  COFlSfrTL  OF  KEW  NETHEELAND  l4T 

Copy  liereof  to  be  furnished  the  Magistrates  of  the  town 
of  Bergen,  to  answer  the  same. 

On  petition  of  Daniel  Denton  and  John  (Tiiinan,  agents 
for  the  inliahitants  of  tlie  Town  of  Piscattaway,  at  Ayhter 
Coll,  in  regard  to  some  valleys  in  dispute  between  them 
and  the  Town  of  AVoodln-idge. 

Ordered : 

The  Governor-General  and  Council  decree  and  dii-ect, 
that  this  case  in  dispute  between  the  Towns  of  Piscattaway 
and  Woodbridge,  must  be  decided  by  the  Court  of  Sellout 
and  deputed  Councillors,  to  wliom  shall  be  added  some 
persons  in  consequence  oi'  the  present  small  number  of 
their  Board. 

On  the  petition  of  the  Schout  and  deputed  Councilloi-s 
of  Aghter  CoU,  requesting,  further  explanation  of  the  third 
Article  of  their  Ins-tructions  and  that  some  persons  may 
be  added  to  their  Board  in  order  to  decide  the  matter  in 
question  between  the  Towns  of  Woodbrige  and  Piscatta- 
way, 

Oi-dered  : 

Whereas  the  question  is  between  tM'o  Towns  and  not 
between  man  and  man,  as  mentioned  in  the  8*^  Article  of 
the  Instruction,  therefore  said  case  can  be  decided  only  by 
the  Court  of  Schout  ond  deputed  Councillors,  to  whose 
number,  on  the  Petitioners'  request,  shall  be  added  some 
more  persons  for  the  decision  of  the  case. 

Anthony  Colve  for  their  Ifigh  Mightinesses  the  Lords 
States-General  of  the  United  Netherlands,  and  his 
Serene  Highness  the  Prince  of  Orange,  &c,  Governor- 
General  of  New  Netherland,  togethei-  with  the  Council 

To  all  those  who  shall  see  these  pi-esents  or  hear  them  read 
Greeting,  make  known  : 

Whereas,  we  are  informed  by  the  Schout  and  deputed 
Councillors,  of  the  respective  towns  situate  at  Aghter  Coll, 


14.^  NEW    JfeRSF-Y    COLONIAL    tlOCUMENTS.  [l^*'*''^ 

tliat  between  two  of  said  towns,  namely  Piscattaway  and 
Woodbridge,  a  difterence  has  arisen  in  regard  to  certain 
valleys  in  dispute  between  them,  and  that  process  has 
issued  thereupon  before  the  dei)uted  Councillors  aforesaid, 
who,  in  consequence  of  the  small  number  of  their  Board, 
caused  by  the  exclusion  of  the  two  Deputies  from  said 
interested  towns,  they  cannot  decide  said  ease,  requesting 
therefore  that  some  persons  may  be  added  to  their  Board 
for  the  decision  of  said  question  ;  therefore  the  (iovernctr- 
General  and  Council  have  resolved  to  add  some  persons  to 
said  Board,  and  to  that  end  have  ai)})ointed  an<l  »ju:dined, 
do  hereby  api)oint  and  qualify  Mr.  John  J.awrence  as 
President,  Mr.  Kichard  Betts,  and  Mr.  James  llubbert, 
who  are  commissioned  with  the  aforesaid  P>oai'd  of  Schout 
and  deputed  Councillors,  on  a  certain  suitable  day  to  be 
previously  fixed  by  the  Schout,  to  hold  a  session  and  Court 
within  the  Jurisdiction  of  said  deputed  Councillors,  and  to 
debate,  examine  and  decide  the  case  in  dispute  between 
the  above-named,  according  to  law ;  and  the  parties  in 
question,  with  their  witnesses,  and  all  others  whom  these 
may  in  any  wise  concern,  are  ordered  and  directed  to 
acknowledge  the  abovementioned  additional  members  and 
Councillors,  or  any  four  of  them,  as  their  lawful  judges, 
being  representatives'  of  the  Board  of  deputed  Councillors 
of  said  Towns  and  i)romply  to  obey  their  orders.  Done 
Fort  Willem  HendHck,  this  IT""  June  1074. 


At  a  Council  in  Fort  Willem   ileiidrick,  this  21*'  June, 
1GT4. 

Present — The  Governor-General, 

Councillor  Cornelis  Steenwyck, 
•  M.  Cornelis  Van  Ruyven  and 

Secretary  Bayard,  as  assumed  Councillors  ;  and 
Captain  Willem  Kuyif,  Fiscal. 


1674]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  149 

John  Berry  being  already  allowed  to  appeal  from  the 
Judgment  pronounced  between  him  and  William  Sandfort, 
in  case  of  injury  by  the  Court  of  the  Town  of  Bergen, 
dated  IV^  d^^^  last,  a  mandamus  is  accordingly  this  day 
granted  him. 


At  a  Court  held  in  Fort  Willem  Hendrick,  on  the  5*^  of 

July  1674. 

Present  Governor  Anthony  Colve, 

Councillor  Cornells  Steenwyck,  and 

Secretary  Nicolaes  Bayard,  as  assumed  Councillor. 

7^*^  July  1674 

Read  and  considered  the  petition  of  William  Meaker 
and  Thomas  Thompson,  residents  of  Elizabethtown,  at 
Aghter  Coll,  complaining  that  Samuel  Moor  did,  contrary 
to  the  order  of  the  deputed  Councillors  of  Aghter  Coll, 
refuse  to  deliver  up  the  bail  bond  executed  by  the  Peti- 
tioners on  26'''  June,  1673,  to  Capt"  John  Berry,  then 
Deputy  Governor,  to  appear  before  the  next  Bench  and 
there  to  answer  the  complaint  of  Thomas  Pardon,  &c, 
requesting,  further,  that  said  Moor  may  be  conmiancl^ed  to 
comply  with  the  order  of  the  deputed  Councillors,  by 
delivering  up  said  bond, 

Ordered : 

The  Governor-General  and  Council  having  seen  that 
Samuel  Moor  doth,  as  it  appears,  in  disparagement  of  the 
orders  of  the  deputed  Councillors,  neglect  to  deliver  up  the 
bail  bond  of  the  Petitioners'  to  Secretary  Samuel  Hopkins? 
M''  John  Ogden,  the  Schout  is  hereby  instructed  and  com- 
manded to  put  in  immediate  execution  the  said  order  of 
the  deputed  Councillors  against  said  Samuel  Moor,  and 
demand  said  bail  bond,  or,  in  case  of  further  refusal,  to 
apprehend  said  Moor  and  send  him  a  prisoner  hither. 

On  the  petition  of  Daniel  Dantom  and  John  Oilman, 
agents  for  the  Town  of  Piscatteque,  complaining  of  the 


150  NEW    JERSEY   COLONIAL   POCUMENTS.  [1^74 

dilatory  exceptions  made  by  Samuel  Moor  and  Pike, 
respecting  the  retention  of  the  Petitioners'  vallevs,  rcijuest 
to  be  maintained  in  their  good  right,  iVc 

Ordered  : 

The  Petitioners  may  cite  their  parties  herein  before 
Mess**  .John  Lawrence,  llichard  Betts  and  James  Ilubbert, 
and  the  Court  of  deputed  Councillors  appointed  by  previ- 
ous commission  to  hear  and  determine  the  matter  in  ([ues- 
tion  between  the  Town  of  Woodbridge  and  Piscatteque, 
Therefore  are  the  Petitioners  again  referred  t(»  said  Court, 
which  is  hereby  recommended,  upon  due  examination  of 
affairs,  to  cause  (juick  right  and  justice  to  be  administered 
to  parties. 

Captain  John  Bekkv,  PI(ff\  in  aj>i)eal, 

(((ja'tnst 

W"^  Sa.ndfokt  and  Sellout  Claes  Arentsen, conj(»ined  I>ift>< 

Pltff.  complains  that  Defts.  have  instituted  an  a('tit>n 
against  liini,  before  the  Court  at  Pergen,  for  carrying  off 
some  hogs  Avhich  he  claims  to  be  his  own  property,  and 
have  thereon  obtained  judgment,  as  if  he  had  obtained 
tlio^e  hogs  in  a  scandalous  manner,  by  stealing  ;  requesting, 
for  reasons  more  fully  set  iVn-tli  in  his  ])etition  and  ai)))lica- 
tion  for  ap|)eal,  that  judgment  of  said  Court  pronounced 
IP"  O*"''  last,  be  anmilied,  and  the  Plttf".  relieved  from  this 
scandalous  action.  <kc. 

Sellout  Claes  Arentsen  ap[)earing,  answei's  and  retjuests 
that  Deft.  |in  the  Court  below,]  be  ordered  to  prove  that 
they  were  his  hogs  ;  says  further,  that  the  C(Uirt  aforesaid 
have  not  condenmed  the  Pltli".  of  theft,  but  of  inconsiderate 
removal  of  the  hogs,  without  the  consent  of  any  officer,  tfec 

Apj>ellant  acknowledges  having  rashly  removed  said 
hogs  without  C(»nsent,  thinking  they  were  his  own,  retpiests 
therefore  to  be  excused,  <ki.'. 

Governor-General  and  Council  having  heard  parties  and 
examined  and  investigated  the  i)apers  and  documents  pro- 


1674]  MINUTES  OF  COUNCIL  OF  NEW  NETHERLAND.  151 

duced  on  both  sides,  declare  the  appellant  in  the  case,  not 
guilty  of  the  suspicion  of  theft,  yet  finding  that  he  hath 
gone  too  far  in  the  inconsiderate  removal  of  the  hogs, 
without  having  previously  obtained  consent  to  that  effect, 
and  modifying  the  judgment  of  the  abovenamed  Court, 
condemn  the  Appellant  herein  in  a  fine  of  one  hundred 
guilders  light  money,  with  restitution  of  the  removed  hogs, 
on  valuation  of  arbitrators,  unless  he  will  within  rt  m.  be 
able  to  prove  that  they  were  his  own  hogs,  and  pay  the 
costs  herein  incurred. 

On  the  petition  of  -loost  van  der  Linde,  and  Hendrick 
Spiers,  each  is  allowed  a  piece  of  land  for  a  bouwerie,  each 
piece  25  niorgens,  beginning  opposite  Schutter's  Island,  and 
further  westerly  along  the  Kill  van  Koll. 

Lymar_jjiCobse  complaining,  by  petition,  that  he  is 
grossly  calumniated  by  the  false  accusation  of  Dirck  Ger- 
ritse,  as  if  the  Petitioner  had  committed  a  very  shameful 
and  scandalous  action,  requesting  Justice  in  the  case  against 
the  accused,  etc. 

Ordered  ; 

The  Magistrates  of  the  town  of  Bergen,  are  ordered 
legally  and  publicly  to  summon  Dirck  Gerritse  within  14 
days,  and  to  proceed  against  him  according  to  law,  on  Peti- 
tioner's complaint  or  else  to  put  their  previous  judgment 
against  him  into  execution. 

The  Governor  and  Council  of  New  Netherland,  having 
seen  the  complaint  of  the  town  of  Bergen  against  the 
inhabitants  of  the  villages  of  Pemrepogh,  Mingagcpiy,  &c, 
and  the  answer  given  by  them,  in  regard  to  what  the 
inhabitants  of  Pemrepogh  and  Mingagcj^uy,  aforesaid,  owe 
for  the  support  of  the  Schoolnuister,  and  precentor  of  the 
town  of  Bergen,  it  is  after  due  incpiiry  resolved  and 
ordered,  that  the  inhabitants  of  Pemrepogh  and  Mingag- 
«piy,  shall  promply  pay  their  share  for  the  support  afore- 
said, on  pain  of  proceeding  against  them  with  immediate 
execution.  . 


152  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1674 


Will  ill  III  IIiiijis  Ajfiifai'it  Ahoiif  til,  Taking  of  Neir   York. 

[From    'New  York  Colonial   Documents,"  Yol.  III.,  p.  213. | 

Affidavit  of  M"  W"  Hayes  concerning  y"  taking  of 
New  York 
This  2"  of  December  1673  W"'  Hayes  of  London  Mer- 
chant personally  appeared  before  me,  «k  being  by  mc 
examined,  did  declare  that  he  the  said  Hayes  being  a  pris- 
oner in  Virginia,  on  board  the  Dutch  Admirall  Euertson 
of  Zeeland  in  Company  w'"  Binklmrst  Admirall  of  Am- 
sterdam in  company  w'"  fine  other  frigotts  &  a  iire  ship, 
who  had  taken  eight  Virginia  Merchant  ships,  &  sunke 
Hue  after  a  hott  dispute,  &  tlie  saide  Duttch  fleete  w**"  their 
prizes  being  goeing  out  of  James  River  mett  w"'  a  Slooj)e 
then  come  from  New  Yorke  which  sloope  they  took  &, 
Kxamined  the  Master  in  what  condicon  the  said  New  Yorke 
was  as  to  Itts  defence,  <k  promised  the  said  Master  by  name 
Samuell  Dauis  to  giue  him  his  sloope  againe  &  all  that 
they  had  taken  from  liim  ill'  he  would  tell  them  the  true 
state  of  that  place,  who  told  them  in  y''  hearing  of  this 
Examinant  that  New  Yorke  was  in  a  very  good  condic'on, 
&  in  all  respects  able  to  defend  itselfe  hauing  receiued  a 
good  supply  of  amies  A:  ammunic'on  from  his  Royall 
Highness  tlie  Duke  of  Yorke  ^\'^^  aduice  of  their  designe 
on  that  place  w*"'  made  them  resolue  to  steere  another 
course,  &,  not  goe  to  New  Yorke,  when  one  SamTiell  Hop- 
kins *  a  passenger  in  y*  said  sloope,  ct  Inhabitant  at  Arthur 

1  Samukl  Hopkins  was  an  early  settler  at  Elizabethtown,  and  always  identified 
with  those  hostile  to  the  administration  of  Philip  Carteret,  and  the  interests  of  the 
Lords  rroprietois.  Uavin;;  taken  i)art  with  .lamps  Carteret  in  his  attempt  to  subvert 
the  established  government,  he  seems  to  have  become  so  intimately  a.ssociated  with 
him,  as  to  take  paHsage,  in  1073,  in  the  sloop  of  Samuel  Davis,  for  Carolina,  alone  with 
Carteret  and  his  wife;  but  the  vessel  having  been  seized,  and  Carteret  put  aishoie. 
Hopkins  availed  himself  of  the  opportunity  afforded  by  his  examination,  to  give  the 
Dutch  commander  such  information,  as  might  induce  him  to  carry  out  the  intended 
attack  on  New  York,  and  lead  to  the  displacement  of  the  I'roprietors'  authority  in 
New  Jersey.  |See  anlt,  page  I'Jl.l  Success  having  attended  the  expedition,  the 
good  oftices  of  Hopkins  were  not  forgotten  ;  and,  for  a  time,  he  was  associated  as 
Secretary,  with  John  Ogden  as  Schout,  in  the  Kovernment  established  over  the 
proTince  by  the  Dutch.    See  Hatfield's  "History  of  Elizabeth."    Eii. 


1674]  LETTER  FROM  CHARLES  II.  153 

Call  in  New  England,  &  a  professor  there  did  voluntarily 
declare  to  y*  Dutch  that  what  the  said  Dauis  had  informed 
was  alltogether  false,  that  New  Yorke  was  in  no  condicon 
to  defend  itself e  ag*  the  Dutch,  Bat  they  had  few  canons 
mounted  and  those  that  were  upon  such  rotten  cariages 
that  one  discharge  would  shake  them  to  peeces  &  dismount 
the  Canon  ;  that  there  were  but  few  men  in  armes  in  the 
ffort,  that  any  considerable  number  could  not  l)e  easely 
drawne  together,  that  the  Governo""  was  absent,  being  gone 
to  Canedicott  to  visitt  Governo""  Winthorpe  all  w""*"  encour- 
aged the  Dutch  to  visitt  that  place,  w*^*"  was  presently  taken 
by  them  ;  Where  the  said  Hopkins  yet  continues,  &  had 
encouraged  the  Dutch  to  proceede  to  the  takeing  of  Arthur 
Cull  hauing  discovered  to  them  allso  the  weakenes  of  that 
place ;  And  this  Examinant  saith  that  the  said  Ho]3kins 
had  formerly  made  his  aboade  w*/*  Cap'  James  Cartrett,  & 
farther  saith  not 

This  Examinac'on  was  taken  the  day  and  year  abouesaid 
f^  me  Edwyn   Stede 


Letter  from    Charles   II.,    Concerning    Obedience   to   the 
Government  of  Sir  George  Carteret. 

[From  "  Grants  and  Concessions,"  p.  49.] 

Charles  H. 

Trusty  and  well  beloved,  we  greet  you  well.  Whereas 
our  right  trusty  and  well  beloved  Councellor  Sr  George 
Carteret  Knight  and  Baronet,  by  Grant  derived  under 
Us,  is  seized  of  the  Province  of  New-Ccemrea,  or  New- 
Jersey,  in  America,  and  of  the  Jurisdiction  thereof  as 
Proprietors  of  the  same,  in  the  Plantation  of  which  said 
Province,  the  said  Sir  George  Carteret,  hath  been  at  great 
Charge  and  Expence  ;  and  whereas  of  late,  great  Troubles 
and  Disorders  have  happened  there  by  some  ill  affected 
Persons.     We  being  willing  and  desirous  to  encourage  the 


154  NEW   JERSEY    COLONIAL    DOCUMENTS.  [1674 

Inhabittintj  and  Platitiiitr  of  the  said  Province,  and  to  pre- 
serve the  I'eace  and  Welfai'e  of  all  our  loving  Subjects 
residing  there,  we  do  tlu-refori!  hereby  re([uire  jou  in  our 
Name,  to  use  your  must  endeavours  to  prevent  all  Trou- 
bles and  Disorders  there  for  the  futui'e  ;  and  strictly  to 
charge  and  command  all  Poisons  whatsoever  inhabiting 
within  the  said  L'l-ovince.  forthwith  to  yield  obedience  to 
the  Laws  and  (lovernment,  which  are  or  shall  be  tliere 
established  by  the  said  Sir  (tkor(;e  Cakteket,  who  hath 
the  sole  Power  under  us,  to  settle  and  dispose  of  the  said 
Country,  u[)on  such  Terms  and  Conditions  as  he  shall  think 
tit  ;  and  we  shall  expect  a  ready  complyance  with  this  our 
Will  and  Pleasure,  from  all  Persons  whatsoever,  dwelling 
or  remaiiung  within  the  same,  upon  Pain  of  incurring  our 
high  Displeasure,  and  being  j)roceeded  against  according  to 
Law,  whereof  you  are  tq  give  publick  Notice  to  all  Per- 
sons that  are  or  may  be  concern'd.  And  so  we  bid  you 
farewell.  (-Jiven  at  our  Court  at  WhkIso,',  the  13th  Day 
of  Jtoit,  1674.  In  the  2»>th  Veai- of  our  IJeign. 
Jjif  lu'S  Miiji.^tif.s  CiniiiiKi ii<K 

Aklin<.ton. 


Proct'iIiiKja  of  Co'iii  ni  Ihhii'ion  t<>  niJfVrciiceal^ctwetn 
J*i.\((if(i ii'di/  (iiitJ  Wi)(>tlhrt<l(/e. 

(From  "N.  Y.  Col.  MSS.,"  Sirietaiy's  OHitc,  Albany.  Vol.  XX TIL.  |mRp35«.| 

According  to  Speciall  Commission  tfrom  his  Honour, 
the  Governour,  the  Court  was  hoiden  |atj  Kli/abeth 
Towne,  the  2Mrd  Day  of  .lune  lt'.74.  The  said  ('Ourt 
Received  and  Heard  the  Com  j  plaintj  of  the  Inhabitants 
of  Piscattaway  by  there  Agents  in  a  Declaration  by  them 
Kxhibited  which  Decla |  ration)  Peing  against  some  pai-ticu- 
lar  persons  of  Woodbridge  and  not  against  the  Towne  in 
(ienerall  tlie  |said|  l*ersons  refused  to  Joyne  L'^hue  in  the 
case,  as  by  an  exception  by  the  said  persons  produced  {\\<j\v 


1674]  PISCATAWAY    VERSUS    WOODBRIDGE.  155 

[by  the]  hands  of  the  President,  Mr.  John  Lawrance) 
before  me  thereunto  had  Dotli  more  at  large  app  [ear,] 
which  said  Exception  did  Interdict  and  stop  the  Courts 
further  Course  of  Process,  Tliere  Commission  [be]  ing 
Expresse  to  heare  and  Determine  a  Difference  between 
Twoe  Townes  viz  :  Piscattaway  and  Woodbr  [idge]  not- 
withstanding Tlie  Court  spent  much  time  in  Hearing  both 
Plaintiffs  and  Defendants  Theire  an  [swers]  and  affirma- 
tions Touching  the  said  Case,  by  all  which  tlie  Court  is 
made  sencible  That  the  Inhabitants  [of]  Woodbridge  are 
Possessed  of  a  considerable  Part  of  meadoe  which  the 
People  of  Piscattaway  did  fformerly  pur  [chase]  of  and 
from  one  Daniell  Peirce  and  was  bounded  ont  to  them  by 
him  w*^^^*^  said  bounds  w^as  approved  [by]  Phillip  Carteret, 
then  Governour  and  by  his  order  was  Recorded,  moreover 
some  of  the  Woodbridge  men  w[ere]  prosecuted  against 
by  the  plaintiff's,  have  acknowledged  before  the  Court  that 
they  judge  the  Plaintiffs  have  sustayned  wronge,  and  that 
they  have  right  to  a  Third  2)art  of  a  Certaine  Purchase  of 
Land  made  by  the  said  Peirce  ft'roni  the  sd  Governour  and 
John  Ogden  and  Luke  Watson  which  Third  Part  of  Land 
(if  could  be  obtaijued)  the  C?ourt  doth  strongly  conjecture 
would  satistie  the  Piscattaway  men. 

By  Order  of  the  Court 

J.  Hoi'KiNS  Sec^ 


Petition  from  iJic  InJxihitanU  of  To\rn.s  in  JS'cw  Jersey  for 
(  'onfriitiiflon  <f  their  Privile(jrf<. 

[From  ■•  M.  V.Col.  MSS.,"  Secretary's  Office,  Albany,  Vol.  XXIII.,  p.  367  | 

To   the   Ilonounible   (Toveriiour   Generall    of   New 
Netherlands  aiul  his  Coiinsell  at  New  Orange. 

May  your  Honour  please,  the  Lords  Commanders  and 

Counsell  of  Warr  Agust in  answer 

to  a  petition  presented  to  them  by  the  people  and  Inhabit- 


156  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1674 

ants  of  Elizabctli  (towne]   Newarke  and  Fiscattaway  did 

promise   the  petitioners  should  unmolested 

.     .     possess  their  Legall  bought  and  payd  for  Lands 

which  hv  the  (Tovernour  should  a ts  forme 

be  eontirmed  to  them.  And  that  the  said  Townes  shall 
have  alowed  [them]  the  same  privileges  and  freedomes 
that  to  the  natural  subjects  and  Duch  nations  shall  be 
given  :  and  that  freedome  &  Liberty  of  Conscience  shall 
be  allowed  to  them  according  as  the  same  is  in  the  Nether 
Lands.  This  Confirmation  According  to  forme  (viz  :  That 
wee  S:  our  heires  and  assigns  shall  forever  injoy  our  Pos- 
sessions and  Purchased  bounds  in  After  Coll.,  in  the  tenure 
of  freeholders  and  Rightful  Possessours  aud  Inheritors 
thereof)  your  Hoiiour's  petitioners  do  humbly  desire  may 
be  granted  to  them  according  to  former  Promisse.  Soe 
shall  you  greatly  oblige  your  humble  petitioners. 
Newark,  June  20.  1674. 

In  the  name  of  the  Townc, 

John  Pkown  .lun!'  Recorder. 
For  Elizabeth  Towne 

Jacob  Melven 
Jn  the  behalf  of  the  Towne  of  New  Fiscattaway 
Daniell  Denton. 


Conimisalon  <>f  M<ij<>i'  Kdiunml  Aiuhvn^   to  he  Governor 
of  New  York. 

[From  "New  York  Colonial  rtocimients,"  Vol.  IIT.,  p.  215  i 

James  Duke  of  Vorke  and  Albany,  P'^arle  of  Ulster,  tfec 
Whereas  it  hath  pleased  y'^  King's  most  Excellent  Ma'*'  my 

1  RuMi'NMi  Amikos.  Seigneur  of  Sansmarez,  was  horn  in  London  December  fith,  1637. 
lliH  anceMtois  were  IVoiii  N<)itli;mii)IoM»liiit'.  but  in  llie  Mixteenth  century  became  con  ■ 
iipcled  with  the  island  of  (iuernscy.  and  t)y  marriajjc  the  rief  of  Sausiraare/,  came  into 
the  family.  Edmund,  witli  some  of  his  immediate  family,  having  continued  loyal  to 
•  "harlen  the  Second,  during  all  the  UiHturbauceH  of  the  period,  was  rewarded  by  being 
mode  Crentleniau  in  Ordinary  to  Elizabeth  Stuart,  Queen  of  liohemia,  the  King's 
aunt:  aud  subsequently  distinguished  himself  in  the  war  against  the  Dutvh,  which 
ended  in  1607,  and  in  Ui'ri  was  commander  of  the  forces  in  Barbadoes,  aud  wais  con. 


16741  COMMISSION    OF    GOVERNOR    ANDROS.  157 

Soveraigne  Lord  and  brother  bj  his  Letf*  Patents  to  give 
and  grant  unto  Mee  and  my  heyres  and  assignes  all  that 
part  of  ye  Maine  Land  of  New  England  beginning  at  a 
certaine  place  called  or  knowne  by  y"  name  of  S*  Croix 
next  adjoyneing  to  New  Scotland  in  America  and  from 
thence  extending  along  y*  sea  Coast  unto  a  certaine  place 
called  Pemaquin  or  Pemaqnid  and  soe  up  the  River  there- 
of to  y*^  furthest  head  of  the  same,  as  it  tendetli  North- 
wards and  extending  from  thence  to  the  River  Ivinebequi 
and  soe  vpwards  by  y*"  shortest  icourse  to  y*  Jliver  Canada 
northwards.  And  also  all  that  Island  or  Islands  comonly 
called  or  knowne  by  y*"  severall  names  of  Matowacks  or 
Long  Island  scitnate  lying  and  being  towards  y®  West  of 
Cape  Codd  and  y®  Narrow  Higansetts  abutting  upon  y® 
maine  land  betweene  y*"  two  rivei's  there  called  or  knowne 
by  y*'  severall  names  of  Conecticut  and  Hudsons  River 
together  also  w***  y®  said  river  called  Hudsons  River  and  all 
y*  land  from  y^  West  side  of  Conecticut  river. to  y®  East 

sidered  as  particularly  well  versed  in  American  aft'airs.  In  April  of  that  year  Andros 
was  promoted  to  be  major  of  a  regiment  of  Lorse,  directed  to  be  armed  '"  with  tlie  bay- 
onet or  great  knife,"  this  being  its  first  introduction  into  the  English  army.  In  the 
same  year,  in  consideration  of  his  public  services,  he  had  the  dignity  of  a  Landgrave 
of  Carolina  bestowed  upon  him  by  the  Palantine  and  Proprietors,  with  48,000  acres  of 
land.  His  father  died  in  1674,  and  he  became  Seigneur  of  the  Fiefe  and  succeeded  to 
the  office  of  Bailiff  of  Guernsey.  The  same  year,  his  regiment  having  been  di.sbauded, 
he  was  commissioned  by  the  King  to  receive  New  Vork  and  its  dependencies  from  the 
Dutch,  in  accordance  with  the  treaty  of  peace,  and  was  appointed  Governor  General  of 
that  province.  He  arrived  at  New  York  in  November,  1674,  accompanied  by  his  wife 
Having  returned  to  England  in  November,  1677,  he  was  knighted  by  Charles  the  Sec 
ond  the  following  year,  and  in  May  sailed  again  for  New  York,  bringing  with  him  as 
his  Chaplain  the  Reverend  Charles  Wolley,  A.  M.  AiTiving  on  the  7th  of  August,  he 
resumed  the  government  and  administered  it  until  1681,  when  he  was  ordered  to  Eng- 
land, and  the  following  year  was  sworn  Gentleman  of  the  King's  Privy  Chamber.  In 
1686.  James  the  Second  appointed  him  Governor  Captain  General  and  Vice- Admiral  of 
New  England  ;  and  in  1688  New  York  and  New  Jersey  were  also  placed  under  his  juris- 
diction. An  acquaintance  with  the  local  histories  of  the  different  colonies  plainly  re- 
veals the  unpopularity  of  his  administration  of  their  attairs— New  Jersey  not  being 
excepted.  He  was  deposed  from  his  position  in  New  England  in  1689,  in  consequence 
of  the  success  of  the  revolution  in  favor  of  William  and  Mary,  and  sent  home  in  169^. 
He  continued,  however,  in  favor  with  the  Court,  and  in  1692  was  appointed  (ioveruor 
of  Virginia,  and  continued  there  until  1698,  having  succeeded  in  administrating  the 
affairs  of  the  colony  in.  a  way  to  secure  the  favor  of  the  people.  In  1704,  t^ueen  Anne 
conferred  upon  him  the  government  of  Guernsey,  which  he  held  for  two  years.  He 
was  then  appointed  Bailiff,  and  held  that  otiice  until  his  death,  in  1714,  aged  76  :  which 
occurred  in  the  parish  of  St.  Anne,  Westminster.  Although  married  three  times,  he 
left  no  issue.    See  note  of  Dr.  O'Callaghan,  •'  N.  Y.  Col.  Docta.,"  Vol.  II.,  p.  740.    Ed. 


15S  NEAV    JERSRV    roT.ON'IAT.    DOCrMEXT?.  [1674 

side  of  Delaware  Bay.  and  also  all  those  severall  Islands 
called  or  knowne  bv  _v'"  name  of"  Mai'tiiie  Yynyards  and 
Nantnkes  otliei'wise  Nantukett,  toi>-ctlu'r  with  all  the 
i/mds  islands  soiles  rivers  hai'boni-s  mines  minei-alls  quar- 
ryes  woods  marshes  waters  lakes  tishint;-s  hawking,  hnnting 
and  fowling  and  all  royaltyes,  and  j)roflitts  eomodityes  and 
hereditaments  to  y'"  said  severall  islands  lands  and  prem- 
ises, belonging  and  a])perteyncing  with  their  and  every  of 
their  appnrtenances  ;  To  hold  y*'  same  to  my  owne  proper 
use  and  behoofe  w^''  ])owerlo  correct  punish  ])ai'don  govern 
and  rule  y^  inhabitants  thereof  by  my  selfe  or  snch  depu- 
tves  Comiss'*  or  othccrs  as  T  shall  think  titt  to  a])])oint,  as 
bv  his  Ma"'"*  said  Lettei's  Pattents  may  more  fnljy  a|)peare.* 
And  whci'eas  I  have  conceived  a  good  opinion  of  the 
integrity  ]>rudence  ability  and  fittnesse  of  Major  Edmund 
Andros  to  be  employed  as  my  Lieutenant  there.  J  have 
therefore  thought  fitt  to  constitute  and  appoint  him  y''  said 
Major  Edmund  Andros  to  bee  my  Lieut*  and  (lovernour 
within  y**  lands  islands  and  places  aforesaid  to  ])erforme 
and  execute  all  and  every  y*"  powers  w'*'  are  by  y^  said 
letters  Patents  graunted  unto  ^lee  to  be  executed  l)y  Me 
mv  Deputy  Agent  or  Assignes  To  have  and  to  hold  y^  said 
place  of  Lieutennant  and  Goveriioiii-  unto  him  y"  said 
Edmund  Andros  Escj^  but  dureing  my  \v\U  ami  ])leasure 
only,  Hereby  Avilling  and  requireing  all  and  every  y*"  inhab" 
itants  (»f  V*  said  lands  islands  and  ]>laces  to  give  obedience 
unto  liim  y"'  said  Edmund  Andros  Esi]""  in  all  things  accord- 


1  The  commission  to  Thomas  Donoan  sh  Govenior  of  New  York,  dated  at  St. 
Jaiuee.  Septenihei-  :iOtb,  1BS2,  is  of  the  same  tenor  lis  this  loinmissiou  to  Audios. 
excepting  that  it  inclmlos,  alter  the  words  "  fully  appeaie,"  the  following  pas.sage  : 
••  And  wher<>a8  I  have  since  for  divers  good  causes  and  consideracous  Wy  severall 
iustrum'tx  undr  ni^^haiid  and  seale  bargained  stild  released  and  contirnied  unto  Sir 
Oeorge  Carterett  (late  \ic<'  Chamlierlajnc  to  His  Mats  Hoiisphold)  and  his  lieires,  and 
unto  Edward  I'.illiiif:  and  others  and  their  iieires,  all  ye  tract  of  land  (prcell  of  ye 
pr  misses)  coinoiily  called  or  kiiowue  hy  the  iiaiues  of  East  and  West  New  Jersey, 
scitnate  on  the  West  side  of  lludsoiis  Kivei-  accordin;;  to  ceitaiue  Bouiularyes  more 
particularly  expressed  in  \e  s'd  sev'rall  instnuii'ts  and  uud'r  ceitaine  lents  and  cove- 
u  ts  as  therein  relacon  beiu;;  thereunto  had  may  luore  fully  appeaie.'  Then  follows 
the  coufei  luent  of  the  authority  upon  Dougau  to  be  his  Lieutenant  and  Governor  with, 
in  the  said  lands,     except  the  said  Eaijt  and  West  Jersey.       El>. 


1674]  PISC'ATAAVAY    VERSUS    WOODBRIDGE.  159 

ing  to  y'  tenure  of  His  Ma*'  Letters  Patents.  And  y^  said 
Edmund  Andros  Esq""  to  observe  folloM'  and  execute  such 
orders  and  directions  as  he  shall  from  time  to  time  receive 
from  rayselfe.  Given  under  my  hand  and  seall  at  Wind- 
sor this  tirst  of  Julv  1(!T-1  ^ 


Jh™;:;:;:'""'^      Mm€/- 


Decision    of  iJie    Court    liespeding    Differencen   Between 
Piscatmnay  and  Woodbridge. 

(From  "X.  Y.  Col.  MSS.,''  Secretary's  Office,  Albany,  Vol.  XXIII.,  p.  367.  | 

The    Judgement    sk     Determination    of    y*^    Court    of 

COMITTEES. 

At  a  Court  of  Comittees  holden  at  elizabeth  toM-n  in 
After  Coll  ye  IT"'  &  18"'  days  of  July  by  a  speciall  Comis- 
sion  ffrom  his  honor  ye  Governor  bearing  date  ye  16"'  of 
July  1674  aforesayd  ffor  ye  hearing  &  determining  a  case 
in  difference  Between  ye  town  of  Piscattaway  on  ye  one 
part  plentive  and  ye  town  of  Woodbridge  on  }'e  other  part 
diffen  [dant]  about  their  rights  and  titles  of  lands  and 
Madows  in  Contraversy  have  heard  and  examined  ye  plea 
and  proofs  of  both  partys  who  did  then  and  there  produce 
each  other's  rights  by  purchas  as  [certain]  deeds  & 
evidences  originally  and  by  i-ecord  did  make  to  appear 
.  .  .  .  together  w*^  their  witnesses  affirming  &  giving 
testimony  to  many  particular  circumstances  relating  to  ye 
premises  upon  ye  whole  processe  S:  plea  of  both  parties  the 
Court  doth  ffind  y"^  the  aft'oresayd  plentives  &  defendants 
have  a  just  and  right  to  each  of  them  a  tract  of  land  con- 


\C,()  NEW    JRRSEV   colonial    t)0CltMEJtT8.  [1^74 

tayniiig  upland  &  Medows  ffor  ye  settlement  of  each  tlieir 
plantations  it  that  ye  devision  of  ye  bounds  thereof  hath  been 
lavd  o\it  by  ye  survei<^hors  (le])Utt'd  A:  authorizetl  by  ye  then 
(xovernor  (ffor  ye  tinu'  buint;)  of  ye  sayd  place  tfc  ])r(tvince 
as  by  their  records  dnth  plainly  appear  but  ITorasniuch  as 
it  was  acknowldged  by  ye  delfendants  that  theii"  devission 
was  never  leij^ally  made  by  setliuii:  ye  east  bounds  between 
ye  towns  ye  court  doth  declare  ye  griuind  of  difference  to 
arise  ffrom  ye  afuresayd  sui'veittrs  who  have  not  made  tliat 
exact  and  equall  devission  they  should  have  done  to  ye  just 
satisfaction  of  both  parties  and  therefore  ye  Court  doth 
judii;e  and  determine  that  a  sworn  surveighor  unconcerned 
to  either  party  whom  our  governor  shall  think  tit  to 
appoint  should  make  a  just  and  exact  devission  of  ye  sayd 
lands  tS:  medows  v.^  each  party  according  to  their  sa^'d 
rights  to  be  (piietly  possessed  thereof  each  party  in  the 
proces  to  bear  there  own  charges  unles  it  doth  appear  when 
the  devission  is  made  that  either  of  ye  sayd  partys  have 
intrenched  upon  each  others  limits  &  that  whilst  this 
devission  is  made  they  shall  without  molestation  cut  or 
mow  their  grass  or  hav  within  the  limits  of  ve  whole. 
This  wee  publish  as  our  judgement  i.^:  decree  at  eli/abeth 
town  as  aforesayd  this  18"'  day  of  July  1HT4. 
By  order  of  the  Court  as  ufforsed 

A  True  Coppy  pr  J.   Hoi-kins  ISec'v. 


Wiirrdnt  i<>   Preparr  a   Patent  to  S'lr  (Trniujr  Vnrti'i'd  for 

h\ist  Jirxi'ij. 

(Fioiii  "New  York  CoUniiul  Do.uineut.s,"  Vol.  IIL,  p.  2-23.1 

Whereas,  the  King  my  Soveraigne  Lord  and  P)rother 
hath  beene  pleased  by  his  letters  Patents  under  the  Great 
Seal  of  Knglaud  to  give  ami  graunt  to  me  and  my  heires 
All  that  |tart  of  the  main  land  of  New  England  in  America 
now  called  by  the  name  of  New  York  together  with  Long 
Island  and  severall  lands  and  territories  in  the  said  Lre's 


1674]     OEDEK  FOR  PATENT  TO  SIR  GEO.  CARTERET.       161 

Patents  more  at  large  expressed  ;  And  Whereas  I  have 
thought  fit  to  give  and  conferr  upon  Sir  George  Carteret 
Vice-Chamberlaine  of  His  Ma'*"  Household  and  his  heires, 
All  that  tract  of  land  adjac'  to  New  England  and  lyeing 
and  being  to  y*"  Westwards  of  Long  Island  and  Manhatans 
Island,  and  bounded  on  the  East  part  by  the  maine  Sea, 
and  part  by  Hudson's  River,  and  extends  Southwards  as 
farr  as  a  certaine  C'reeke  called  Barnegat,  being  about  y^ 
middle  betweene  Sandy  Poynt  and  Cape  May,  and  bounded 
on  the  West  in  a  streight  lyne  from  the  said  Creeke  called 
Barnegat  to  a  certaine  Creeke  in  Delaware  River  next 
adjoining  to  and  below  a  certaine  creeke  in  Delaware 
River  called  Rankokus  Kill,  and  from  thence  up  the  said 
Delaware  River  to  y'^  Northermost  branch  thereof  which  is 
in  41  Degrees  and  40  minutes  of  Lat.  and  on  the  North 
crosseth  over  thence  in  a  streight  lyne  to  Hudson's  River 
in  41  Degrees  of  Latitude  ;  These  are  to  will  and  require 
you  forthwith  to  prepare  a  bill  tb  passe  my  signature  con- 
teyning  a  graunt  of  y®  aforesaid  lands  to  the  said  Sir 
George  Carteret  and  his  heires,  reserving  the  annuall  rent 
of  Twenty  Nobles  to  me  and  my  heires ;  and  you  are  to 
insert  such  apt  clauses  as  may  make  my  said  graunt  elfec- 
tuall  in  law  to  the  said'  Sir  (Teorge  Carteret  and  his  heires. 
Provided  that  this  Warr'  be  first  entered  with  my  Audif 
and  for  so  doing  this  shalbe  your  Warr'  Given  und""  my 
hand  at  Wydnsor  this  23"'  of  July  1674  James 

To  Sr  Francis  Wvnnin(;t()N  Knt:  my  Attorney  Gen"  or 
Sir  John  Churchill  mv  SolK  Generall 


Lease  from  James,  Duke  of  York,  to  Sir  Geonja  Carteret, 
far  the  Northern  Half  of  New  Jersey. 

[From  Original  in  New  Jersey  Historical  Society  Library.] 

%W  %\\iit\\\\XU  made  the  Eight  ifc  twentyeth  Day  of 
July  in  the  Six  and  twentith  Yeare  of  the  Raigne  of  our 
Soveraigne  Lord  Charles  the  second  by  the  grace  of  God 


162  NEW    JERSEY    COLONIAL    DOCFMENTS.  [16Y4 

of  England  Scotland  ffranfo  and  Ireland  King  Defender  of 
the  faith  &c  Annorj  Dom'  One  thousand  Six  hundred 
Seaventy  and  fower  ^fta'fcne  liis  Royall  Higlines  Sfamfjei 
Duke  of  Yorke  and  Albany  Earle  of  Vlster  Lord  high 
Admirall  of  Scotland  and  Ireland  of  the  one  parte,  and  S^ 
George  Cartrett  of  Saltrum  in  the  CountA"  of  Devon  Kn' 
Vice  Clianibcrlaine  of  his  Ma"*""  household  of  the  other 
parte  ^Vitncs'ji'fth  that  his  said  Koyall  Ilighnes  James  Duke 
of  Yorke  for  and  in  Consideracon  of  the  sum'e  of  Tenn 
Shillings  of  lawfull  money  of  England  to  him  in  hand  paid 
before  the  ensealing  and  Delivery  hereof  by  the  said  S!' 
(4eorge  Cartrett  forever  by  these  presents  ISath  bargained 
and  Sold  and  by  tliese  presents  doth  bargaine  and  sell  vnto 
the  said  Sr  George  Cartrett  ^H  that  Tract  of  Land  adjacent 
to  new  England  and  lying  and  being  to  the  westwards  of 
long  Island  and  Manhatam  Island  and  bounded  on  the  East 
parte  by  the  said  Maine  Sea  and  parte  by  Hudsons  River 
and  extends  Southward  as  far  as  a  eertaine  Creek  called 
Barnegatt  being  aboute  the  middle  betweene  Sandy  ])oint 
and  Cape  May  and  bounded  on  the  West  in  a  Streight  lino 
from  the  said  Creek  called  Barnegatt  to  a  eertaine  Creek 
in  Delaware  River  next  adjovneing  to  and  belo\v  a  eertaine 
Creek  in  Delaware  Rivei'  called  Kankokus  Kill  and  from 
thence  vp  the  said  Delaware  River  to  the  Northennost 
branch  thereof  which  is  in  tf'orty  one  Degrees  and  fForty 
minutes  of  Latitude  and  on  the  Xorth  crosseth  over  thence 
in  a  streight  line  to  Hudsons  River  in  tforty  One  Degrees 
of  Latitude  which  said  Tract  of  land  is  hereafter  to  bee 
called  by  J^he  name  or  names  of  new  Ceserea  or  new.lersey. 
And  alsoe  all  Rivers  Mines  mineralls  woods  tishings 
hawkins  hunting  and  fowling,  and  all  Royalties  prothtts 
co'modities  and  hereditaments  whatsoever  to  the  said 
Lands  and  ])remisses  belonging  or  apperteyning  with  their 
and  every  of  their  Ap])urten'nces,  and  the  Reverc'on  and 
Reverc'ons  Remainder  and  Remainders  thereof  ?0  havf  and 
to  hold  the  said  Tract  of  Land  and  premisses  with  their  and 
every   of   their  Aj)purten'nces    vnto    the    said    S*"  George 


1674]  DUKE    OF  YORK    TO    SIR    GEO.    CARTERET.  163 

Cartrett  from  the  daj  of   the  date  of  these  presents  vnto 

the   full and    ternie    of   One   whole   yeare 

from  thence  next  ensuing  and  fully  to  bee  compleate  and 
ended  ^eililiur)  and  paying  therefore  vnto  his  said  Royall 
Highnes'  James  Duke  of  Yorke  his  heires  or  Assignes  the 
Rent  of  a  Pepper  Corne  vpon  the  ffeast  of  the  Nativity  of 
S'  John  Baptist  which  shall  be  in  the  yeare  of  our  Lord 
God  one  thousand  six  hundred  Seaventy  and  ffive  only  (if 
the  same  shall  be  lawfully  demanded  ^n  Witne^'jSC  thereof 
the  parties  to  these  presents  have  Interchangably  sett  their 
hands  and  scales  the  day  and  yeare  tirst  above  written. 

May  it  please  yo""  Koyal  Highnes  James 

this  containes  a  bargaine  of  sale 
for  a  year  from  yo""  Royal  Highnes 
to  S^  George  Carteret  of  y®  lands 
above  menc'oued 

fl'RA  :    AviNNINGTON. 

[On  the  back.  I 

Sealed  and  delivered  in  presence  of 

WiNDESOR 

Jo  Werden 


Bel  ease  from  James^  Duke  of  York,  to  Sir  George  Carterei., 
for  JS^eic  Jerseij. 

I  From  Original  in  Library  of  New  Jersey  Hii^torical  Society.] 

ihi^i  incktttUrf  made  this  Nine  and  twentyeth  day  of 
July  in  the  Six  and  twenty'th  yeare  of  the  Raigne  of  our 
Soverayne  Lord  Charles  the  second  by  the  grace  of  God  of 
England  Scotland  France  and  Ireland  [King]  Defender  of 
faith  &c  Annoq.  D'no  One  thousand  Six  hundred  Seaventy 
and  flower  ^etWffttC  his  Royall  Highnes  fameiS'  Duke  of 
Yorke  and  Albany  [Earl  of  Vlster  Lord]  High  Admirall 
of  Scotland  and  Ireland  of  the  one  parte,  and  Sr  George 
Cartrett  of   Saltrum  in   the  County  of  Devon  Ivn^  Yice 


Ifi4  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1674 

[Chamberlain]  of  liis  ^Ma"'"''  [lioiiseliold  |  of  the  other  parte 
'^fhereau'  his  Ma*""  King  Cliarles  tlie  second  l»v  hi;?  Letters 
Patents  viider  tlie  gi-eat  Scale  of  England  hearing  date  the 
twenty  ninth  day  of  June  in  the  twenty  sixth  veare  of  his 
said  Ma"'"*  Raignc  ^'u\  for  the  Considerae'ons  therein  nien- 
c'oned  give  and  grant  vuto  his  said  Koyall  llighnes  James 
Duke  of  Yorke  liis  Heires  and  As^ignes  ^  ^U  that  parte  of 
the  maine  Land  of  new  England  begining  at  a  certaine 
place  called  or  knowne  by  the  name  of  S^  Croix  next 
adjoyning  to  new  Scotland  in  America  and  from  thence 
extending  along  the  Sea  Cost  vnto  a  certaine  ])lace  called 
Pemaqnine  or  Pemaqiiid  and  soe  vpj)  the  Kiver  thereof  to 
the  furthest  head  of  the  same  as  it  tendeth  Northward 
and  extending  from  thence  to  tlie  River  of  Kenibeqne  and 
soe  vpwards  by  the  shortest  C^oni'se  to  the  River  Canada 
northwards  And  alsoe  all  that  Island  or  Islands  com'only 
called  by  the  severall  name  oi-  names  of  Matowacks  or  long 
Island  seitnate  and  being  towards  the  west  of  Caj)e  Codd 
and  the  nari'ow  Iligansetts  abutting  vpon  the  maine  land 
l»etweene  the  tw(»  Rivers  there  called  or  knowne  by  the 
severall  names  of  Conectecutte  and  JIudsons  River,  To- 
gether alsoe  with  the  said  Uiver  called  Hudsons  River  and 
all  tlie  Land  from  the  west  side  of  (■onectecutte  River  to 
the  east  side  of  Delaware  Jiay,  And  alsoe  severall  other 
Islands  and  Lands  in  the  said  J.etters  Patents  menc'oned, 
Together  with  the  Rivers  Harbours  mines  mineralls  quar- 
ries woods  marshes  waters  tHshings  Hawking  hunting 
and  fowling  and  all  other  Royalties  ])rottitts  commodities 
and  hereditaments  to  the  said  severall  Islands  lands  and 
premisses  belonging  or  a])pnrteyning  ^o  have  and  to  hold 
the  said  Lands  Islands  hereditaments  and  premisses  M-ith 
their  and  every  of  their  Ajipnrten'nces  vnto  his  said  Royall 
llighnes  James  Duke  of  Yoi'ke  his  heires  and  Assignes  for 
ever  To  be  liolden  of  his  said  Ma^^  his  heires  and  Sueces- 


1  This  was  a  renewal  of  the  first  fC'-ant.  given  after  the  restoiation  of  the  coiiiitry  by 
the  Dutch.  It  maybe  found,  printed  at  length,  in  'Mirants  and  Concessions," 
p.  41.     Ki.. 


1G74J  DUKE    or  YORK    TO    SIR    OEO.    CARTERlCT.  165 

sors  as  of  the  Mannors  of  East  Greenewich  witliin  the 
County  of  Kent  in  free  and  com'on  Soccage  IJfiltlino  & 
paying  to  liis  said  Ma^*'  Ids  lieires  and  successors  of  and 
for  tlie  same  Yearly  and  eveiy  veare  fforty  Beaver  skins 
when  thev  sliall  be  (U'lnancU'd  or  within  Ninety  days  after 
with  divers  other  grants  clauses  j)r()visoes  and  agreements 
in  the  said  recited  Letters  Patents  conteyned  as  b_v  the 
said  Letters  Patents  relac'on  being  iherevuto  had  it  doth 
and  may  most  plainely  appeare.  giaiV  M$  gUtUutUre 
IVitUflSi.SiCtU  that  his  said  Royall  Highnes  |ame.^  Duke  of 
Yorke  for  and  in  considerac'on  of  a  Competent  snme  of 
good  and  lawfull  money  of  England  to  his  said  Royall 
Highnesse  in  hand  paid  by  the  said  S'.'  George  Cartrett 
before  the  sealing  and  delivery  of  these  presents  the  receipt 
whereof  his  said  Royall  Highnes  James  Duke  of  Yorke 
doth  hereby  Acknowledge  and  thereof  doth  acquitt  and 
discharge  the  said  S'.  George  Cartrett  his  heii-es  and 
Assignes  for  ever  by  these  presents  ^atlt  granted  bargained 
sold  released  and  contirmed  and  by  these  presents  doth 
ofrant  baro-aine  sell  release  and  contii-me  unto  the  said  8!' 
George  Cartrett  his  heires  and  Assignes  for  ever  ^U  that 
Tract  of  Land  adjacent  to  new  England  and  lying  and  being 
to  the  westwardes  of  long  Islands  and  mauhatom  Island 
and  bounded  on  the  East  parte  by  the  maine  Sea  and  parte 
by  lludsons  River  and  extends  as  Southward  as  far  as 
acertaine  Creeke  called  Barnegatt  being  aboute  the  middle 
betweene  Sandy  point  and  Cape  May  and  bounded  on  the 
west  in  a  streight  line  from  the  said  Creeke  called  Barne- 
gatt to  acertaine  Creeke  in  Delaware  River  next  adjoyne- 
ing  to  and  below  acertaine  Creeke  in  Delaware  River  called 
Rankokus  Kill  and  from  thence  by  the  s*^  Delaware  River 
to  the  Northmost  branch  thereof  which  is  in  forty  one 
degrees  and  forty  Minutes  of  latitude,  and  on  the  North 
crosseth  over  thense  in  a  Streight  line  to  lludsons  River  in 
forty  one  deo-rees  of  Latitude  w'!'  said  Tract  of  Land  is  here- 
aftei-  to  be  called  by  the  name  or  names  of  new  Cesarea  or 
new  Jersey  And  alsoe  all   Rivers  mines  mineralls  woods 


166  NEW    JERSEY    fOLONIAI.    DOCTMENTS.  [1674- 

tishini^s  ha\vkini>;  limiting  iiiid  fowling  anil  all  royalties 
prottitts  co'inodities  ami  liereditaiiu'nts  whatsoever  to  the 
said  Lands  and  j)reinis!>e8  belonging  or  appurteyning  with 
their  and  every  of  their  Apjmrten'nces  in  as  fnll  and  ample 
manner  as  the  same  is  granted  vnto  the  said  James  Duke 
of  Yurke  by  the  before  recited  Letters  Patents,  And  all 
the  Estate  right  title  interest  benetitt  advantage  elaime  and 
demand  of  the  said  James  Duke  of  Yoi-ke  of  in  and  to  the 
said  Lands  and  premisses  or  any  parte  or  parcell  thereof 
and  the  lieverc'on  and  Reverc'oiis  Remainder  and  Remain- 
ders thereof  All  which  said  Tract  of  Land  ana  premisses 
were  by  Indenture  bearing  date  the  day  before  the  date 
hereof  l^argained  and  Sold  by  the  said  James  Duke  of 
Yorke  vnto  8''  (leorge  Cartrett  for  the  Terme  of  one  M'hole 
yeare  to  comence  from  the  Eight  and  Twentyeth  day  of 
July  next  before  the  date  hereof  under  the  Jient  of  one 
pepper  coriie  ]>ayable  as  therein  is  menc'oiied  as  by  the 
said  Deed  more  plainly  may  appeare  by  force  and  virtue  of 
which  said  Indentui-e  of  Bargaine  and  Sale,  and  of  the 
Statute  made  for  Translfen-ing  of  Vses  into  possession  the 
said  S'  (ieorge  Cartrett  is  in  actuall  possession  of  the  said 
Tract  of  Land  and  premisses  and  enabled  to  take  a  grant 
and  [Release]  tlu'ivof  the  s;iid  Lease  being  made  to  that 
end  and  purpose  (LO  havr  and  to  hold  All  and  singuler  the 
said  Tract  of  Land  and  premisses  with  their  and  every  of 
their  [Apjmrten'nces  and  every  parte  and  parcell  thereof] 
vnto  the  said  S'.'  (Teoi'ge  Cartrett  his  heires  and  Assignes  to 
the  only  Vse  and  behoofe  of  the  said  Sr  George  Cartrett 
his  heires  and  Assignes  forever  [yeilding  and  paying  there- 
fore vnt<j  the]  said  James  Duke  of  Vorke  his  Heires  and 
Assignes  for  the  said  Tract  of  land  and  premisses  yearly 
the  sume  of  Twenty  Nobles  of  lawfull  money  of  England 
[if  the  same  I  shall  be  lawfully  demanded  att  or  in  the 
Inner  Temple-hall  London  att  the  feast  of  S"^  Michaell  the 
Archangell  yearly  '^nA  the  said  S*^  George  Cartrett  for 
himselfe  his  Heires  and  Assignes  doth  Covenant  and  grant 
to  and  with  the  said  James  Duke  of  vorke  his  heires  and 


1674]  SIR  GKo.  Carteret's  instructioxs.  16? 

Assignes  by  these  presents  that  hee  the  said  S'.  George 
Cartrett  his  heires  and  Assignes  sliall  and  will  well  and 
truly  pay  or  cause  to  be  paid  vnto  his  said  Koyall  High- 
nesse  James  Duke  of  Yorke  his  heires  and  Assignes  the 
said  yearly  rent  of  Twenty  Nobles  at  such  tyme  and  place 
and  in  such  manner  and  forme  as  before  in  these  presents 
is  expressed  and  declared  ■^vovirtfrt  allwaies  and  vpon  this 
Condic'on  that  the  said  S'.'  George  Carti-ett  doe  cause  a 
Copy  of  this  grant  and  Demise  to  be  entred  with  the 
Auditor  of  his  said  Roy  all  Highnesse  within  one  month 
next  after  the  Execuc'on  of  this  present  grant  and  Demise 
^n  Witu-C.^iisi  whereof  the  parties  to  these  presents  have  Intei- 
changeably  sett  their  handes  and  Scales  the  day  and  yeare 
tirst  above  written. 

May  it   please   yo"'  Kuyal    Highnes  James 

this  couteines  a  release  from  y""  Royal 
Highnes  to  S'.'  George  Cartei-et  and 
his  heires  of  y''  lands  above  menc'oned 

ft'RA  :    AviNNINGTON 
I  On  the  back.] 

Sealed  and  delivered  in  presence  of 

WiNDESOR 

Jo:  Weruen 


DirfHlons,  InstruHioiift  mid  OvJerH  to  Governor  Philip 
Carteret  and  Jiis  Counril,  and  the  InJinhitants  of  Eaat 
Jersey^  hy  jS'ir  George  Carteret. 

(From  the  Original,  iu  the  Library  ol'  the  New  Jersey  Historical  Society.) 

Directions  Instructions  and  Orders  made  and  Given 
by  the  Right  Hono''!'^  Sir  George  Carteret  Kn!  &  Baronet 
Vice  Chomberlain  of  His  Ma^'f'*  household  and  one  of  His 
Ma^'f*  most  honourable  Privy  Councill,  Lord  Proprietor  of 
the  Countrey  or  Province  of  New  Cesarea  or  New  Jersey, 
together  w'''  a  Declaration  by  him  made  of  the  true  intent 


168  NEW    JKKSEV    COLOXIAI.    DOCl'MEXTP.  [1^74 

A:  ineaiieiiiij,  and  an  K.\])laiiati(>n  of  Several!  Articles  (»f  the 
Cinieessioiis  foniicrly  made  1)V  liiin  and  the  Loi'd  John 
Berkley,  Dated  the  tenth  of  fi'ehinai'v  in  the  Yeare  of  onr 
Lord  one  thousand  it'  Six  hundred  ISixty-fower  to  hee 
observed  by  the  (roverno!"  and  Councill  aiul  Inhabitants  of 
the  said  Province. 

"Whereas  Dnrino;  the  late  Warr  betwecji    II is  Ma'!'"  and 
the  Dutch  the  Conntrey  of  ^'ew  Yorke  and  ]Sew  Jersey  and 
other  adiacent  ])arts  M'as  Concjuered  by  them,  whue  have 
since  in  pursuance  of  the  Ti-eaty  of  Peace  restored  all  the 
said  Conntreys  to  His  Ma'!'"  And  His  Ma'f  havino-  been 
since  pleased  to  Grant  the  same  by  his   Lettei's  Pattents  to 
His  Royall   Ilighnesse  the  Duke  of   Yo'ke  ;  And   His  said 
Royall  Iliii'lmess  haveiiii;-  since  by  Deed  Dated  the  twenty 
eight  Day  of  this  instant  July  (iraiited  to  vs  our  heires  ^S: 
assignee  all   that   'J'ract  of  Land  adiacent  to  New  England 
and  lying  tV  being  to  the  Westward  of  L(»ng  Island  iV  Man- 
liatans  Island  and  bounded  on  the  East  parte  by  the  Maine 
Sea  and  i»art  by  Hudsons  River  and  extends  Southward  as 
farr  as  a  certaine  Creeke  called  Barnegatt  being  about  the 
uiidle  between  Sandy  point  and  Cape  May  and  bounded  on 
the  West  in  a  Sti'aight  Lyne  from  the  said  Creeke  called 
Barnegatt  to  a  certaine  Creeke  on  Dellaware  River  next 
adioyneing  to  and  below  a  certaine  Creeke  in  Dellaware 
River  called  Renkokus   Kill   and  from  thence  \  jt  the  said 
Dellaware  River  to  the  Northermost  branch  thei'eof  w'".''  is 
in  forty  one  Degrees  v!i:  forty  minutes  of  lattitude  and  on 
the  North  C)'osseth  over  thence  in  a  Straight  Lyne  to  Hud- 
sons  Hivei-  in  f(»rty  one  Degrees   of  lattitude,   wliii  h   said 
1'ract  of  Land  is  to  be  Called  New  Cesarea  oi-  New  Jersey, 
Now  AVee  being  willing  to  settle  and  estal)liie  the  peace  tfe 
wellfaii-  of  the  said  Countivy  oi"  Province  lia\e  made  these 
Directi<»ns  Insti-uctions  and  Orders,  and  alsoe  the  Delai-a- 
tiun  A:  Explanation  of  Severall  Articles  as  IfoUoweth     .     . 
.     .     Wee  being  nuide  very  Sensible  of  the  great  Disorder 
in  our  said  Province  occasioned  by  severall  persons  to  the 
great  preiudice  of  our  selfe,  our  Governo!'  &  Councill  and 


167-i]  SIR   G'RO.    CARTEREt\s    INSTRrCTIONS.  I*i9 

all  otlier  peaceble  &  well  mynded  Inhabitants  w*Mn  our 
said  Province  by  Claynieing  a  Right  of  Propriety  botli  of 
Land  ct  Government ;  Wherefor  Wee  Doe  heerby 

1  Declare,  ifmsT,  That  all  Lands  Granted  by  s**  Gover- 
no";  to  the  twenty  eight  of  Jnly  one  thousand  Six  hundred 
Seaventy  two  ct  confirmed  in  onr  Name  by  Pattents  or 
Charters  vppon  Kecord  in  onr  Secretaries  office  vnder  s'^ 
Province  Scale  Signed  by  him  &  the  maior  parte  of  his 
Coiincill  shall  remaine  to  the  particular  owners  thereof 
their  Heires  &c  for  evi3r  w^''  all  the  benefitts  p''titts  dc 
privilidges  therein  contayned,  they  performing  what  they 
are  obliged  vnto,  in  ever}^  of  the  said  Respective  Pattents 

2  or  Charters  :  Secondly,  ifor  Such  as  pretend  to  a 
Right  of  Propriety  to  Land  &  Governmen!^  w'Hn  our  Prov- 
ince by  Virtue  of  any  Pattent  from  Governo'.'  Coll  Richard 
Nicholls  as  they  ignorantly  assei-t  Wee  vttej'ly  Disowne 
any  such  thing ;  A  grant  they  had  from  him  vpon  such 
condic'ons  w''*'  they  never  p'formed  and  by  the  said  Graunt 
they  were  obliged  to  Doe  &  p' forme  such  act  <t  things  as 
should  bee  apointed  by  His  Royall  Highness  or  his  Depu- 
ties whose  poM'er  remained  in  vs  by  virtue  of  a  Pattent 
from  His  said  Royall  Highness  bearing  Date  long  befour 
those  Grants,  w'^*'  hath  beene  often  Declared  by  our  Gover- 
nor and  since  owned  vnder  the  Signe  man'nall  of  His  Royall 
Highness  bearing  Date  the  twenty  fifth  of  November  one 
thousand  six  hundred  Seaventy  two,  and  Demanded  their 
Submission  to  our  Authority  &  to  Pattent  their  land  from 
Vs,  &  pay  our  quitt  Rent  according  to  our  Concessions, 
w''.''  if  they  liad  Done  or  shall  yet  Doe  ;  Wee  are  content 
they  shall  Enioy  the  Tract  or  Tracts  of  Land  they  are 
Settled  vpon.  Provided  it  hath  not  beene  taken  vp  con- 
trary to  our  Order,  and  that  it  bee  not  to  the  preiudice  of 
the  rest  of  the  Lihabitants  &  to  have  such  other  priviledges 
&  immunities  as  s'^  Govenn/  &  Councill  ct  they  shall  agree 
v'pon  ;  But  if  such  persons  as  have  not  ah-eady  receiued 
Pattents  of  their  lands  from  A"s,  shall  not  w'.''in  one  year 
after  notice  to  tliem  given  of  this  our  pleasure  therein  & 


1T<)  NKW    JERSKY    COI.oNIAl.    DOCL'MKN'TS.  fl674 

axcept  Pattents  of  tlieir  said  lands.  Wee  Doe  lierebv  order 
!>''  Govenio""  ^V:  Couiicill  to  Dispose  of  such  lands  or  tenem** 
in  whole  *)V  in  ]xirte  tor  our  best  advantage  to  unv  otiier 
persons;  And  if  any  ])ers(jn  or  j)ersons  Doe  thinke  they 
have  in  Justice  or  wrong  Done  them  by  this  o'  })ositive 
Determination,  they  may  adress  themselves  to  the  King 
iV:  Council!  and  if  their  Right  to  that  Land  or  (io\ernm!^ 
apeai-es  to  bee  better  tlien  ours  Wee  will  readily  Submitt 
3.  thervntu — TniRDi.v,  our  order  is  that  those  persons 
that  were  the  Cheife  Actors  in  attem|»ting  the  makeing  of 
an  alteraticjn  in  our  Governn'i^  bee  pi-oceded  against  accord- 
ing to  a  Declaration  of  our  Governor  and  Councill  bearing 
Date  the  twenty-eight  Day  of  May  one  thousand  six  hun- 
dred Seaventy  two,  exept  they  shall  Imediatly  vpon  the 
publication  hereof  nuike  their  adresses  to  our  Governo!" 
and  Councill  for  Remission  of  their  offences  and  that  all 
psons  that  have  Sustayned  loss  or  Damage  by  mayntaining 
our  Just  Rights  A:  interest  Since  the  twenty  Sixth  day  of 
March  one  thousand  Six  hundred  Seaventy  two  may  have 
repairati(»n  in  Law  w'!'  their  Charges  they  have  <k  shall  bee 
att  in  any  (Jourt  or  Courts  in  o'  Said  i^rovince  that  are  or 
shall  be  constituted  &  Coramissionated  by  Speciall  Com'is- 
sion  from  our  (Toverno''  according  to  a  Declaration  by  our 
Governol"  ^  Councill  bearing  Date  the  third  day  of  Aprill 
one  thousand  six  hundred  Seaventy  two —  . 

4  ffowEKTHi.v ;  That  all  Grants  of  Land,  Conveyances, 
Sui'veys  or  any  other  pretences  for  the  hold  of  J^and  what- 
soever w"'  in  or  Said  Province  that  are  not  Derived  from 
Vq  according  to  the  prescriptions  in  o'  Concessions  & 
entred  vpon  Record  in  our  Secretaries  office  in  our  Said 
l*rovince.    Wee    Declare  to  bee   Null  vt   void  in  Law. — 

5  tfiKTH'-.^  That  if  any  person  refuse  or  omitt  to  pay 
or  Deliver  his  Rent  due  to  us  <t  arrear  since  the  twenty 
tifth  Day  of  March  one  thousand  six  hundred  &  Seaventy 
to  the  Constable  of  the  respective  town  or  Jurisdiction 
where  the  Land  foi-  w'.''  the  Said  Rent  is  Due  Doth  Lye  at 
Such  tyme  &  place  as  the  Said  Constable  shall  ap'oint  or 


1674]  SIR    GEO.    CARTERET^S    INSTRUCTIONS.  171 

if  any  pson  shall  refuse  or  omitt  to  pay  or  Deliver  his  Rent 
w".*'  hereafter  shall  become  Due  to  vs  at  Such  tynie  as  the 
Same  shall  become  Due  &  at  Such  place  as  the  Constable 
of  Such  towne  or  Jurisdiction  shall  ap'oint,  that  then  it 
shall  vfe  may  bee  Lawfull  for  the  Said  Constable  or  his 
Successors  to  Distrayne  the  goods  tt'  Chattells  of  such  pson 
Soe  refuseing  or  omitting  &  to  Sell  the  Same,  rendering 
the  overplus  besides  the  rent  ai'rear  of  the  Costs  S:  Cliarges 
of  Distrayning  tu  the  party  ;  And  Wee  Direct  that  the 
Constable  shall  pay  the  Rent  hee  shall  receive  or  raise  to 
our  Receiver  Generall,  And  Although  our  Concessions  Say 
it  shall  be  payd  in  currant  or  lawfull  nionney  of  England 
yet  at  the  request  of  our  Cloverno''  &  Councill  Wee  will 
accept  of  it  in  Such  M'chantable  pay  as  the  Countrey  Doth 
p'duce  at  IVPchants  price  to  the  Value  of  Monney  Sterling  : 
And  if  by  this  meanes  Wee  cannot  obtaine  our  Rent,  then 
the  Marshall  of  the  Province  shall  be  impowered  as  above 
said  to  collect  &  raise  the  Same  at  the  Charg-e  of  Such  the 
Inhabitants  as  Doe  refuse  or  oraitt  to  pay  at  the  tyme  ife 
place  as  aforesaid — 

6  6'.**  That  all  matters  and  causes  w*'.''  have  been  tryed 
in  our  Province  by  Speciall  Com'ission  from  our  {Toverno"" 
vpon  w'.''  Judgem!^  hath  passed  according  to  Law  bee 
allowed  by  vs  and  bee  forthwith  put  in  Execution — As 
to  the  Inhabitants  of  Newsinks  Considering  theire  faith- 
fullness  to  the  Lords  Propreitors,  That  vpon  their  Petition 
their  townships  shall  bee  Surveyed  and  shall  be  incorpo- 
rated &  to  have  equall  privilidges  with  othe  Inhabitants  of 
the  Province,  and  that  Such  of  them  who  were  the  pre- 
tended pattentees  &  layd  out  their  monney  in  purchaseing 
Land  from  the  Indians  shall  have  in  considVation  thereof 
five  hundred  Acres  of  Land  to  each  of  them  to  be  allotted 
by  the  Governo''  &  Councill  in  Such  places  that  it  may  not 
be  preiuditiall  to  the  rest  of  the  Inhabitants  ;  And  because 
there  is  much  barren  land,  after  Survey  taken  the  Gover- 
nor and  Councill  may  give  them  allowance — That  the 
Governo'  tt  Councill  shall  allow  Eighty  acres  p'  head  to 


172  NEW   JKRSKV   roI.oXIAr.   I>t  >(r.MKXI  >.  [16'«'"i 

Such  ])Son.s  as  come  to  Settle  iieer  Dellaware  liivei'  or  aiiv 
place  above  tenn  iiiyles  from  tlie  Sea  ov  from  any  other 
Kiver  navigable  w'-'  boates :  to  those  tliat  come  to  Settle 
iieerer  Sixty  acres  as  before — That  the  (iovenio'  A:  C'oun- 
eill  shall  have  power  to  Settle  the  tt'ees  of  Secretary,  Siir. 
veyor!"  (renerall  Marshall  cV  all  otiier  oftieers  of  Court. — 
That  \  p'oii  oui'  Govcriio'^^  ari'lvall  tliei'e  in  our  Said  Prov- 
ince, Wee  reijuire,  that  \v"'  what  s[)eed  may  bee,  all  lands 
not  yet  Sni-veyed  by  our  Surveyo''  (Tenei-all,  whether  in 
townships  or  ])ri\at  Plantations  bee  forthwith  Surveye*!  iV: 
Pattented,  M'hereof  30U  are  to  keej)  an  exact  Ifecord  cV: 
Send  inee  a  Coj)pie  of  the  whole  attested  vnder  the  (T(»ver- 
no"  &  tlie  maior  parte  of  the  Councills  liands,  and  for  what 
land  you  shall  (irant  for  the  future,  lett  niee  have  a  Coppy 
thereof  once  every  year  attested  as  aforesaid, — That  the 
Land  is  to  bee  purchased  from  tyme  to  tyme  as  tliere  shall 
bee  occasion  by  the  (ioverno''  Sz  Couneill  from  the  Indians 
in  the  name  of  the  Loi-d  Proprieto''  and  then  every  indi- 
vidual! person  is  to  i-eimbui'se  the  Lord  Proprietor  at  the 
Same  Rate  as  it  was  })urchased  together  w"'  the  charges — 
That  Wee  the  Lord  Proprieto'.'  will  build  a  Frisson  ct  a 
house  for  the  Keejier  at  our  own  ])]ier  C(.»st  and  Chai-ge, 
out  of  tlu-  pduct  of  the  (piitt  Ki'iits  wliere  tlie  (iovernor  cV: 
Couneill  shall  thinke  fitt;  and  wee  will  Si-nd  over  guns  cV 
ammunition  as  a  Maga/.in  ;  but  all  other  charges  are  to  bee 
Defrayed  by  the  Countrey,  and  tliat  all  wi'itts  Itei'  issued 
in  His  Ma".'"*  mune,  exe])t  the  Sum'oning  of  Burgesses  w'"'' 
is  to  bee  in  oiii-  Name.  That  in  Case  of  a])iK'ales  for  Eng- 
land the  appfaiant  bee  bound  to  [»ay  all  cost  ^.V  charges  if 
Cast,  and  vpon  the  a])V'ale  shall  pay  as  a  fyne  to  the  Judge 
twelve  ])o>inds  besides  all  c<»st  ^V:  Danrages  adiudged 
against  him  in  the  Pi-ovince  A:  to  give  in  SecuiMty  ot  a 
hundred  pounds  there  for  pseeuting  the  Same  w'l'  in  Eight 
Months.-  That  all  strays  of  beasts  at  Land  A:  wrecks  att 
Sea  belong  to  Vs  the  Lord  Proprieto'.'  and  that  all  psons 
that  shall  Discover  any  Such  tiling  shall  have  Such  Sattis- 
faction  for  their  ])aynes  A:   care  as  the  Governo'"  and  Coun- 


1(^74]  siE  GEO.  CARTE rp:t's  instkuctions.  178 

cill  shall  think  iitt  -That  the  arrears  of  the  Quitt  Rents  of 
EHzabethtowne,  Newarke,  New  IMscattaway  &  the  two 
townes  of  Xewsinks  &  all  other  plantations  that  have  not 
payd.  since  one  thonsand  six  hundred  &  Seaventy  bee  paid 
to  onr  Receiuer  (4ennerall  at  the  Rate  of  a  halfe  pen'y  a 
yeare  for  every  acre  besides  the  growing  Rent  till  the 
arrears  be  Sattisfyed. — Whereas  the  Gen'erall  Assembl}' 
hath  hitherto  made  noe  pvision  for  the  Suport  and  niain- 
taynance  of  the  Governo''  according  to  the  Concessions,  It 
is  Required  that  y*^  Gen'erall  Assembly  at  their  first  Sitting 
Doe  take  eifectnall  course  for  the  Sattislieing  him  for  his 
arrears  A:  make  pvision  for  Maintaynance  &  Suport  for  the 
future. — And  whereas  Wee  liave  Given  ol"  present  Gover- 
nor Phillij)  Carteret  Es({'.'  two  thousand  acres  of  land  in  o^ 
Said  Province  And  because  it  is  improper  for  him  to  Signe 
any  Grant  made  to  himselfe  Wee  Doe  therefore  order  & 
Authorize  o""  C-ouncillo''.^  or  any  hue  or  more  of  them  to 
signe  one  or  more  Grant  or  Grants  to  the  Said  Phillip  Car- 
teret of  the  Said  Lands  to  bee  (chosen  &  taken  vpj)y  him 
in  Such  one  ox  more  place  or  places  as  he  shall  think  titt, 
and  that  they  Doe  alsoe  cause  y^  Scale  of  y^  said  Province 
to  bee  affixed  to  Such  Grant  or  Grants  w''.'^  being  Done 
Wee  doe  heereby  Declare  shall  bee  as  good  cfe  effectuall  to 
all  intents  tfe  purj^oses  as  if  Wee  o""  Selfe  had  Signed  the 
Same  or  as  if  the  Govern''  &  Councill  had  Signed  any 
Grant  to  any  oth'.'  pson — 


A  Declaration  of  the  true  intent  &  meaneing  of  the 
Lord  Proprietor  and  Explanation  of  the  Concessions  made 
by  John  Lord  Berkley  and  My  Selfe  to  the  Adventurers 
&  planters  of  ^ew  Jersey. — 

That  as  to  the  Sixth  Article  ;  That  it  shall  bee  in  the 
power  of  the  Governo''  &  Councill  to  admitt  of  all  psons  to 
become  tfreemen  of  the  said  Province  w"'out  the  Gen'erall 
assembly,  but  noe  pson  or  psons  wdiatsoever  shall  be 
accounted  a  ftVeeholder  of  the  said  Province  nor  have  any 
Vote  in  Ellecting  nor  be  eapeable  of  being  EUected  for 


174  NEW    JERSEY    COLONIAL    DOCrMENTf?.  [Ifi74 

any  office  of  trust  either  C'ivill  or  Millitarv  untill  hee  Doth 
actually  hokl  hh  or  their  lauds  by  Pattent  from  Vs  y®  Lord 
Proprieto''  aud  that  the  (Trantiug  6c  confiruiing  of  Corpora- 
tions shall  bee  in  the  power  of  the  Governor  <fe  his  Coun- 
cill. — As  to  the  Eight  Article,  It  shall  bee  in  the  power  of 
the  Governo'"  it;  Councill  to  approve  Such  Ministers  and 
Preachers  as  shall  bee  nominated  tfe  C'hosen  by  the  Severall 
Corporations  w'I'out  the  Gen'erall  Assembly  aud  to  Estab- 
lish theire  niaintaynance  Giveiug  liberty  Besides  to  any 
pson   or  ])s()us  to  keepe  ife   maintayue  what  preachers  or 

ministers    they    })lease Concern""'    the    (ten'erall 

Assembly,  That  it  shall  bee  in  the  power  of  the  Governo'' 
&  his  Councill  to  appoint  the  tyme  i^-^  place  of  meeting  of 
the  Gen'erall  Assembly  aud  to  adiourue  y  Sum'ou  them 
together  again  when  ik  where  hee  ami  they  shall  See 
Cause. — To  the  third,  That  it  is  to  bee  vnderstood  ;  that  it 
is  in  the  power  of  the  Governor  &  Councill  to  institute  «fe 
apoint  Courts  in  pticular  Corporations  already  Settled  w*.*" 
out  the  Geu'erall  Assembly  ;  But  for  Courts  of  Sessions  & 
Assize  to  bee  Constituted  ife  Established  by  the  Governor 
Councill  &  Ile])resentatives  of  the  Province  together  ;  and 
that  all  appeales  shall  be  made  from  the  Assizes  to  the 
Governo!^  and  his  Councill  and  thence  to  the  Lord  Pro- 
prietor from  whom  they  may  appeale  to  the  King — To  the 
nynth  Article  :  That  the  Governor  A:  his  Councill  may 
I)is|>os('  of  the  allottments  of  Laud  to  each  pticular  pson 
\v"'()ut   the  (iennerall  Assembly  according  to  o!"  Directions 

as   hee    iV    they    shall    thiuke    fitt. Concerninc;    the 

GovKKNo^  As  to  the  Seeoud  iSc  third  Articles;  All  otheers 
Civill  and  Millitary  (exept  befour  e.\ei>ted)  bee  Nominated 
and  apointcd  by  the  (Toveruo!"  aud  (^o\iucill  w'^out  the 
Gen'erall  Assembly  vuless  hee  the  Said  (ioverno^  A:  Coun- 
cill shall  see  occassiou  for  their  advice  A:  assistance. — As 
to  y"  fcnvertli  Article.  Li  Case  of  fforraiguc  Invasion  or 
intestine  Muteuy  or  Kebellion,  it  shall  bee  lawful!  for  the 
(Governor  tV:  his  Councill  to  call  in  to  their  ayde  any  pson 
what   Soever,    whether   ffreeholders    or    not — That    in   y^ 


1^74]  SIR  GEO.  Carteret's  instructions.  175 

Sixth  Article  Concerning  the  Regular  laying  out  of  Lands, 
Rules  for  building  each  street  in  townships  &  quantities 
of  ground  for  each  house  lott,  the  Same  is  left  to  the  ffree- 
holders  or  first  Vndertakers  tiiereof  as  they  can  agree  w'.** 
the  Governo''  S:  Councill,  &  not  to  the  Gen'erall  Assembly, 
but  to  bee  layd  out  by  the  Surveyo""  Gen'erall. — That 
all  Warrants  for  Land  not  exeeding  the  pportions  in  the 
Concessions  being  only  Signed  by  y^  Governo*^  and  Secre- 
tary shall  bee  effectuall  in  case  his  Councill  or  any  part  of 
them  bee  not  present — Wee  the  Lord  Proprietor  Doe 
intend  Thatt  in  all  Assemblies,  The  Governo""  and  his 
Councill  are  to  Sitt  by  themselves,  and  the  Deputies  or 
Representatiues  by  themselves,  and  whatsoever  they  Doe 
ppose  ;  to  bee  presented  to  the  Governor  &  his  Councill, 
and  vpon  their  confirmation  to  pass  for  an  Act  or  Law,  and 
to  Remaine  in  force  when  Confirmed  by  Vs — And  Lastly  ; 
Wee  doe  heerby  Grant,  Order  6z  Direct,  That  the  Conces- 
sions made  Signed  &  Sealed  by  the  Lord  John  Berkley  and 
My  Selfe  beareing  Date  the  tenth  Day  of  ifebruary  one 
thousand  Six  hundred  Sixty  fower,  shall  still  Continue  and 
stand  in  force  &  bee  kept,  mayntained  &  pformed  in  all 
&  every  the  parts  A:  Articles  thereof  vnto  the  Said  Prov- 
ince, Exept  Such  of  them,  and  in  Such  manner  as  the  Same 
or  any  parte  thereof  are  altered  or  Explayned  in  or  by  these 
p'"sents,  or  in,  or  by  any  former  Orders  &  Instructions  Sent 
to  the  Governor  or  Deputy  Governor  &  Councill  there 
vnder  the  hands  of  the  Said  Lord  Berkley  &  My  Selfe,  or 
vnder  my  owne  hand  alone ;  Given  vnder  my  hand  and  the 
Seale  of  the  Province  att  Whitehall  this  one  &  thirtieth 
Day  of  July  in  y^  yeare  of  our  ]^ord  one  thousand  Six  hun- 
dred Seaventy  fower  And  in  the  Six  &  twentieth  yeare  of 
the  Reign  of  or  Soveraigne  Lord  Charles  the  Second  ;  of 
England,  Scotland,  ffrance  &  Ireland  King,  Defender  of  the 
faith  &c — ■ 


[seal.] 


i^so^^m^ 


176  NEW    JERSEY    COLONIAL    DOCUMENTS.  [^P'<^4 


Prof-lfuitai'tov  of  the  Governor  fineJ  Conneil,  Convening  a 
General  Court,  M<irrh  [)th,  1675. 

I  From   "East  Jersey  Kct-ords,"   Book    III..  ]>.   lflP.| 

Order  for  a  Generall  Court  to  be  lielde  tlie  1*  ^[arch 
Wf  several!  other  orders. 

Prdvinc  K  f>i-   New  Jkksev 

V>Y    TIIK    CtoVKKNoCK,   AM)    CoiNCELL 

Whereas  the  hite  past  Distractiuii  of  Times  occasioned 
first  by  y^  Mutiny  of  severall  Malecontent  lnhal)bit'?  and 
then  by  the  Arrival  of  tlie  Dutcli  forces  in  our  Neighbour 
Collon3%  giveing  opportunity  to  tliose  Seditious  Spirritts  to 
cover  theire  former  guilt  with  the  Mantle  of  Treason,  & 
leading  in  an  Innoxation  of  Autliority  liopeiug  to  slirowd 
tliemsolves  from  tlioliand  of  Justice  l)y  inviteing  an  Enemy 
to  protect  them  ;  ]>y  w'"'  iiieaiies  the  whole  tVanic  ot  our 
Govcrment  hath  beeue  disjointed,  and  ublidged  our  Lo^. 
l^ropf  at  his  great  Kxpcnce  to  olttaiue  New  Orders  from 
liis  Maj^''' our  (iracious  Soveraigui-  ».\:  his  lloyall  Higliness 
for  Reestahlishing  tlie  Govcrment  liere  and  liaveing  his 
order  tliereunto  sent  over  his  ]Maj".''*'  Letter,  l^attents,  and 
Commands,  not  only  to  his  Subjects  in  genei'all  but  like- 
wise to  tlie  Govei-nour  6c  Couneell  in  i)ticular  to  Con  forme 
to  A:  performe  the  Orders  and  Instructions  of  our  said 
Prop""  Wiiereby  wee  finde  oursellves  not  oblidged  to  coun- 
tenance the  Comissionating  any  pson  or  persons  to  any 
Otlice  Millitary  or  (^ivill  who  luive  not  pattented  theire 
lands  <S:c  nor  to  yeihl  the  ]u-ivilledge  of  a  Cor]>oration 
to  any  othei-  waies  (juallified  tlien  the  s;iid  Orders  of  our 
said  Projtrietour  doth  allow  Yet  finding  a  Necessity  of 
preserveing  the  ])eace  of  tlie  CVdlony  ct  support*-'  the  good 
subjects  thereof,  as  well  in  theire  Estates  as  persons.  It  is 
lierebv  ordered  bv  the  Authoritv  aforesaid  That  a  ii:enerall 


1674]  PROCLAMATION    CONVENING    COURT.  177 

Court  be  holden  at  j®  place  commonly  called  Elisabeth- 
towne,  the  same  to  beginn  the  second  tuesdaj  in  March 
next  being  the  nineth  day  of  the  aaid  moneth  to  aadite  and 
determine  all  matters  whatsoever  within  the  power  of  a 
Court  of  Oyer  and  Terminer. 

That  the  Gentlemen  of  the  Councell  being  the  present 
Magistracy  of  the  province  approved  by  our  Soveraigne 
Lord  the  King  his  R:  H:  and  our  Lord  Proprietour,  be  in 
theire  respective  places  of  aboad  ordered  and  appointed  to 
grant  out  Warr*?  as  well  for  the  said  Court  as  to  supress 
any  disturbance  6z  to  p'"serve  the  peace  of  the  Collony. 

And  fur  the  assistance  of  the  said  Magistrate  It  is  hereby 
ordered  by  the  Authority  aforesaid  that  for  the  Inhab- 
bit*.^  in  the  place  called  Newark  Mr  Thomas  Johnson  be 
appointed  and  sworne  by  Cap:  W™  Sandford  as  Constable 
wath  the  formall  oath  of  Allegiance,  and  the  oath  proper  to 
that  office. 

That  Mr  John  Woodroff  in  like  manner  be  sworne  Con- 
stable for  the  Lihabbitants  of  the  place  called  Elisabeth 
towne. 

For  the  Corporation  of  Woodbridge  John  Blumfeld  to 
be  sworne  as  aforesaid  by  Cap"  Bollen  Secy:  or  Cap"  Pike — 

For  the  Inhabbit^f  of  the  place  called  New  Piscattaway 
Francis  Drake  in  like  manner  to  be  sworne  by  CapPj'ike 
or  Cap"  Bollen 

For  the  Inhabb'.*  of  the  place  called  Midleton  Richard 
Hows  to  be  in  like  manner  sworne  by  Cap"  Pike  or  Cap" 
Bollen 

For  the  Inhabb*."  of  the  place  called  Shrewsbury  Peter 
Parker  to  be  sworne  as  abovesaid 

For  the  Inhabb';*  of  the  Corporation  of  Bergiii  Hans 
Dedrick  to  be  in  like  manner  sworne  by  Cap"  Berry,  the 
same  to  be  in  every  pticuler  place  performed  by  the  severall 
Magistrates  w'''  all  possible  speed — 

For  the  necessary  Reimburseing  such  persons  as  have 
beene  at  Charge  for  supi)ort,ing  and  preserveing  the  Lord 
Prop?   Interest   in    this   province   It  is   Ordered   by   the 


178  NEW    JERSEY    COLONIAL    DOrUMENTS.  [1674- 

Antlioi-ity  aforesaid  tliat  M""  Saimu'll  Monre  as  Provost 
Marsliall  of  tliis  proviiu'e  doe  forthwith  demand  iVr  receive 
the  Moneys  formerly  amerced  at  the  last  Court  held  at 
Bergen  the"26'.'^  day  of  .lunc  l'')"-'^).  as  allso  others  upon  the 
like  Crime  coivicted  at  a  preceedini;  Court  held  at  Elisa- 
beth towne  the  S'"  of  March  l^Tl, 

And  upon  refusal  of  payni!  to  seize  and  arrest  the  bodies 
of  the  said  Offeruler.  and  them  secure  in  the  connnon  (4oale 
appointed  for  this  Province  untill  the  sunie  be  Sattisfied 
and  payd  without  Baile  or  Mainjirize — 

And  all  Constales  of  every  respective  ]iart  of  this  Prov- 
ince are  hereby  required  to  assist  the  said  IMarshall  in 
prosecution  of  this  Order  and  to  Command  such  other 
Assistance  as  the  necessity  of  tlie  affairs  may  require,  and 
all  Tiduibbit**'  of  this  Province  are  hereby  re(|uired  to  yield 
Obedieucee  thei'eunto. 

And  for  the  speedier  accomplishing  the  J.ord  Prop7 
orders  in  settling  the  Govcrni!  of  tiiis  province  as  well 
Millitary  as  Civill  and  for  rendring  tlie  Inhabbit'.''  qualli- 
fied  as  well  for  a  Generall  Assend»ly  as  Elective  for  other 
Offices  It  is  hereby  ordered  by  tlie  Authority  aforesaid  that 
the  Surveyor  Gen"  or  his  substitute  shal  attend  i^-  remaine 
at  Newark  from  the  l)eginning  to  the  end  of  IVfarch  ensue- 
ing  for  running  out  and  surveying  Land  there,  in  order  to 
pattenting  tlie  same — 

At  Elizabeth  towne  aforesaitl  hee  the  said  Surveyor 
Gen"  or  his  substitute  is  to  attend  as  aforesaid  from  the 
first  day  of  Ai)rill  untill  the  ]."•"'  day  of  May  following. 

At  Xew  Piscattaway  in  like  manner  from  the  l.")"'  day 
of  May  untill  the  1.")'.''  day  of  -lune  following — • 

At  Nevesinks  from  the  1.")"' day  ctf  .lune  untill  the  end 
of  August  following  viz  for  ye  two  towiies  there 

And  all  the  fore  mentioned  ])laces.  intended  Townshii)ps 
or  Coi)orations  are  hereby  recpiired  according  to  the  severall 
appointed  times  to  have  in  readiness  such  attendance  as  is 
requissitt  tVu'  the  said  Surveyo':"  use,  daily  to  be  nuiintained 


1675]  INDIAN    AFFAIRS.  179 

by  the  respective  places  in  that  employment  untill  the 
work  be  finnished. — 

But  if  doth  hereafter  appeare  that  the  Remisness  of  them 
Inhabbitants  have  occasioned  the  failure  in  the  Surveys  or 
that  immediately  thereupon  the  severall  Lands  be  not  Pat- 
tented,  then  the  Governr  and  Councell  doe  by  these  Ord" 
conclude  themsellves  wliolly  acquitted  from  the  Malicious 
censure  of  Riggour  for  prosecuting  the  Lord  Prop"  Com- 
mands in  dispossessing  those  that  shall  be  therein  Neglectvil, 
the  same  haveing  beene  for  severall  yeares  past  persuaded, 
and  the  Work  now  as  much  as  may  be  facilitated, 

Dated  at  Eliz**  towne  the  ll'**  Decemb'"  1674. 


Sir  Josejjh    Werden,  Secretary  to   the   Duke   of  York,   f/) 
Gorernor  Andros. 

fFrom  "New  York  Colonial  Documents,  "  Vol.  III.,  p.  229.1 

S^  James's  Feby  y«  13''^  167^ 
l^Extract.']  P.  S.  I  had  allmost  forgott  to  tell  you  y*  we 
have  as  yet  done  nothing  towards  y®  adjusting  Sir  George 
Carterett's  pretentious  in  New  Jersey,  where  I  presume 
you  will  take  care  to  keep  all  things  in  y*  same  posture  (as 
to  y*^  Dukes  prerogatives  &  proffitts)  as  they  were  in  your 
predecessors  time  uutill  you  shall  hear  of  some  alterac'ons 
agreed  to  here. 


From   Governor  Andros  tx)  Captain    CantiDell,  Regarding 
Indian  Affairs. 

[From  "  New  York  Colonial  Documents,"  Vol.  XII.,  p.  518.] 

Capt.  Cantwell  New  York  March  27.  1675 

Yo^  of  the  20^^  I  received  yesterday,  to  which  I  gave  you 
an  answer  the  same  Houre,  by  Capt.  Krigiers  Sloope,  then 
ready  to  saile ;  This  is  by  yo""  owme  expresse,  that  1  have 
inquired  into  the  businesse  of  After  Cull,  and  cannot  iind 
that  there  is  any  more  in  it,  than  an  Indyan  drinking  him- 


180  KEW    JERSEY    COLONIAL    DOCUMENTS.  [1675 

selfe  dead,  at  a  House  near  Raritans  Kiver  tliere  being 
tiiree  more  with  liim,  very  rude,  which  frightened  very  the 
woman,  lier  children  and  a  man  (her  husband  l>eing  absent 
at  Woodbridge)  nor  did  tliey  know  of  the  said  Indyans 
death  who  was  (as  I  am  told)  found  dead  in  the  woods ;  so 
I  doubt  this  is  rather  a  pretence  than  a  real  cause  of  their 
keeking  ofi"  and  refusing  to  comply  with  our  just  demands 
concerning  the  murder  of  Doctor  Khodes  and  his  man. 
You  have  done  \ory  well  to  give  notice  all  over  the  River 
to  bee  upon  their  guard  ;  Rut  that  you  will  do  well  to  pro- 
ceed no  further  against  them  (if  it  may  be  avoided)  untill 
come,  M'hen  (I  hope)  we  may  accommodate  all  or  take  such 
effectuall  courses,  as  shall  be  adviseable  and  fit  to  bring 
them  to  reason.  You  do  not  say  any  thing  of  an  Indyan, 
who  I  heare  had  lately  his  ribs  broke  by  an  Inhabitant  in 
the  River,  of  w*''  liee  dyed  ;  Which  if  so  may  be  a  great 
cause  of  their  present  actings.  Rut  if  the  Magistrates  have 
done  their  parts,  in  examining  and  doing  justice  therein, 
as  the  ciise  might  retpiire,  there  can  be  nu  more  expected, 
otherwise  if  any  such  thing  hath  happened,  and  the  prose- 
cucon  neglected,  bee  sure  it  be  done  affectually  without 
delay  though  not  demanded  by  the  Indyans,  or  though 
they  should  have  com})lyed  before  this  comes  to  you.  I 
thought  to  have  begun  my  Journey  to  you  by  this  time, 
but  my  not  being  very  well,  the  spring  very  backward,  the 
Kings  ships  not  yet  gone,  I  did  think  to  ]>ut  off  my  jour- 
ney, till  the  latter  end  of  the  month  or  the  beginning  of 
May,  but  now  as  I  shall  hcai-e  from  you,  shall  hastjtMi  it 
accordingly,  and  do  designe  bringing  with  nu-.  about  forty 
or  fifty  men.  and  to  go  by  the  u})per  M'ay  to  the  falls  I  hope 
you  ha\e  prohii)itcd  all  manner  of  distilling  corne,  as  well 
as  its  transportacon,  if  not,  I  pray  that  it  be  done  pres- 
ently.    I  am  Yo'  very  Loving  friend 

T^)  Capt.  Edmum)  Cantwkli, 
Schout  of  New  Castle  in 
Delaware 


16?5]  INDIAN    AFFAIRS.  ISl 


From   Governor  Aiulron  to  Captain    Cantwell  on   Lulimi 

Afa!r.^. 

[From  ''New  York  Colonial    Docuiuents,"  Vol.  XII.,  p.  519.] 

S"  1  have  this  at'teniooiie  rec*^  yo''  Li-e  of  the  19"'  by 
Walker  and  sent  by  your  c'.\i)rt'sse  ;  In  wliieh  you  give  me 
an  Account  of  the  Murder  of  two  Christians  about  the  8^f' 
of  this  instant,  about  Milstone  Iliver  and  that  it  should  be 
done  by  the  brother  of  him  that  lately  dyed  at  After-Cull ; 
1  think  it  something-  strantre  that  at  the  writino^  yo''  former 
Letters  of  the  14'*'  and  IG"',  which  I  received  by  M"" 
( >sborne,-  neither  you  nor  the  said  Osborne  in  his  Journey 
should  have  heard  nothing  of  it ;  This  is  to  lett  you  know 
that  the  20'^'*  inst.  three  of  the  Nevisans  Sachemakas,  were 
here  with  me,  and  about  thirty  of  their  people  with  them, 
and  did  not  onely  conclude  a  peace  with  them,  but  they 
did  also  engage,  neither  to  harbor  or  have  any  thing  to  do 
with  any  of  the  Indyans,  that  should  happen  to  be  oui- 
enemyes  and  particularly  those  beyond  them.  Xow  upon 
the  receipt  of  this  last  Lre  of  y'■^  I  have  advised  with  my 
council  and  sent  to  Governor  Carteret  to  desire  him  to  send 
by  expresse  to  the  Indyans  to  know  the  truth  of  the  mur- 
thei-,  and  if  so,  by  whom,  the  manner  and  cause,  without 
declaring  any  further  intent,  and  give  mee  a  present 
answer.  As  also  that  lie  will  give  order  for  horses  for  our 
joui-ney  to  Delaware,  to  be  ready  at  furtherest  the  last 
instant  about  w'^*'  time  I  thinke  of  setting  out  from  here, 
though  I  had  not  intended  till  the  4'**  of  the  next  and  shall 
(as  afore)  come  by  tlie  way  of  the  falls,  where  you  may 
meet  mee  on  Tuesday  the  4*'',  or  if  yo"  shall  be  there  sooner 
and  thinke  good,  may  come  on  towards  or  to  Milstone 
River,  as  you  proposed  ;  In  the  meantime  I  think  there 
needs  no  further  order,  but  y*  you  looke  to  yo'selves  and 
give  no  just  otfense,  or  cause  of  suspicon  to  the  Indyans  ; 
But  as  to  James  Sandyland  (if  you  are  not  sure  of  his  being 


182  NEW    JERSEY    COt.OXIAI,    DOCIMENTS.  [167.") 

criminally  liiiilty)  you  oiii^lit  to  have  had  a  Court,  that  ho 
iiiiglit  have  had  a  Legall  Tryall,  aiul  S(j  eitlier  be  justly 
detained,  punislit  or  releast.  Therefore  if  you  liave  time, 
let  it  be  (h)ne  l)efore  3'ou  ooine.  ha\in<^  had  no  other  mean- 
ing, nor  (I  think)  given  any  othei-  direeeons  in  my  former 
letter.  As  to  liis  being  out  upon  Bayle  (if  lie  be  not  erim- 
inall),  it  cannot  be  denyed  him.  Pray  let  there  be  as  little 
noise  or  talke  of  tlie  Indyan  concernes  in  yo'  ]tarty  as  mav 
be.  1  am  yo""  Loving  friend 

April  23''  1C75  E.  Andros 


Conference  Between  Governor  Andros,  tJu  Magistrates  at 
Newcastle^  Del.,  and  the  Indian  /Sachems  .of  New 
Jersey — Henewal  of  the  Treaty  of  Peace — S.  Edsfdl, 
J.  Helme  and  Lance  Cock,  Israel  Ilelme,  Intei'2)reter. 

[From  "New  York  Colouial  Documents,"  Vol.  XII., p.  523.] 

At  Newcastle  May  la'"  1675 

Vpon  an  Appearance  of  tlie  Indyans  before  the  Go:  A:  the 
New  May-istrates,  in  the  afternoone.  Thev  were  those  who 
came  in  morne,  with  M'  S.  Edsall,  Isr.  Helme,  and  Lanse 
Cock.  The  names  of  the  Chiefs  were  Renowewan  of  Saw- 
kin  on  the  Eastern  side,  Ipan  Kickan  of  Rancokeskill, 
Kit-marius  of  Soupnapka,  Maiiickty  of  Rancokeskill  here- 
tofore all  of  N.  Jersy  side.  The  Governo"'  declares  his 
desire  to  continue  in  friendship  with  them  &  his  readiness 
to  protect  them,  &  thanks  them  for  their  coming  down. 

They  by  Israel  Helme  the  Interpreter  e.xpresse  tlieii- 
readiness  to  continue  in  good  friendshij),  ^V  return  their 
thanks  to  the  Gov. 

They  are  told  that  it  is  not,  that  the  (iovern''  wants  their 
help — if  the  othei-  Indyans  will  bee  bad,  he  can  deale  well 
unougli  with  them,  but  now  is  wishing  to  be  kind  to  those 
that  will  live  (juietly  and  well. 

They  believe  so  they  say. 

They  are   told  they  must  not   kick  the  beasts  or  swine 


ir;7r»]  INDIAN    AFFAIRS.  183 

belonging  to  the  Christians  cV  the  Cliristians  shall  not  doe 
them  any  injury,  but  justice  shall  be  done  as  they  might 
see  to-day  in  the  case  of  Jam**  Sandvlands. 

The  first  sachem  rises  np  S:  walks  up  &  down  taking- 
notice  of  his  old  Acquaintance  P.  Eambo  &  Peter  Cock, 
Lansa  Cock  with  C.  Cantwell  then  taking  a  l»and  of 
sewant,  hee  measured  it  from  liis  neck  to  the  length  down- 
ward &  said  his  heart  should  bee  so  long  &  so  great  to  the 
Gov.  &  the  Christians  c't  should  never  foi'get  the  Gov.  so 
presents  the  belt  of  wampum,  throwing  it  at  the  Gov.  feet 

The  next  rises  up  &  professing  much  friendship  &  thanks 
to  the  Gov.  for  his  kind  ex])i"essions  p''sents  another  belt  of 
wampum. 

The.Gov.  tells  them  the  two  belts  sliall  1)e  kept  as  bands 
of  friendship  between  them. 

The  belts  of  sewant  were  written  upon,  to  be  kept  in 
token  of  a  continuance  of  Peace. 

The  first  belt  was  15,  t'other  12  wamj^um  liigh. 

The  Gov.  presents  them  with  4  Coates  &  4  lappeloathes 

They  return  thanks  and  fall  a  kintacoying  with  expres- 
sions of  thanks,  singing  Jcenon,  kenoii. 


Affidavit  as  to  the  N aiiiher  of  FainiUes,  in  New  Jersey  mi 
the  Arrival  of  Governor  Carter et. 

[From  '■  New  York  and  New  Jersey  Boundary  Papers,'  Vol.  I.,  in  New  York  Hia- 
torical  Society  Library.] 

Affidavit  of  Silvester  Salisbury. 

Silvester  Salisbfry  of  New  Yorke  Gent,  maketh  oatli 
that  in  or  about  the  yeare  1665  ;  he  being  then  at  New 
Yorke,  there  arrived  Philip  Carteret  Esq*"  at  New  Jersey 
in  America  in  a  Ship  called  tlie  Philip  w*"**  s*^  ship  was  100 
tuns  &  had  then  aboard  her  about  80  servants  cV:  severall 
goods  of  great  value,  proper  for  the  lirst  planting  &:  setling 
of  the  Colony  of  New  Jersey  &  this  deponent  sayeth  that 


184  NEW   JERSEY    COLONtAL    IM3CUMENT8.  [1075 

at  the  time  of  j*  arrival  of  the  s**  ship  there  were  about 
four  families  in  Xew  Jersey  (except  some  few  at  New 
Sinks  that  went  under  the  nomen  of  Quakers)  and  that 
y^  s**  Philip  Carteret  after  his  arrivall  tliere  huided  y*  %^ 
servants  and  goods  &  apj)lied  hiinselfe  to  y*^  planting  and 
peopling  of  y^  s**  Colony  &  that  he  sent  diverse  persona 
into  New  England  &  other  places  to  publisli  y*  Conces- 
sions of  y*  L'*"  Propriet''*  and  to  invite  people  to  come  & 
settle  there,  whereupon  tS:  within  a  years  time,  or  there- 
abouts severall  p'"sons  did  come  w"'  their  families  and  set- 
tled there  in  severall  townes  ;  And  this  Deponent  sayth 
that  he  believes  there  would  few  or  none  have  come  thither 
if  the  e,^  Philip  Carteret  had  not  setled  himselfe  as  afores** 
ife  brought  such  goodes  cV:  sent  such  Messengers  as  afores". 
And  this  Deponent  sayeth  that  y*  s''  ship  remained  there 
about  six  months,  &  then  went  to  Virginia,  England  S: 
other  places  &  about  a  yeare  or  more  after  returned  to 
New  Jersey  where  she  remained  for  severall  months ;  And 
this  Deponent  sayth  that  the  s*^  Philip  Carteret  at  his 
arrival  did  declare  &  owne  that  the  s*^  ship  servants  & 
goods  did  belong  to  the  IV  Ilon*''^  S""  George  Carteret  & 
were  sent  by  him  for  the  beginning  and  encouragem'  of 
the  peopling  and  planting  of  the  s**  country  ;  And  fartlier 
sayeth  that  the  s'*  S""  George  Carteret  did  send  severall 
other  Vessels  thither  particularly  a  Ketch  whereof  Peter 
Bennet  was  master  Anno  1673  laden  w^^M'inesand  severall 
other  English  goods  Sii.vestke  Salisbury 

Jurad  4"  die  ifeb'  1675  coram 
me  en  Cancellar  Magester 

Jo:   CoTT 


[An  affidavit  follows,  by  Peter  Smith,  "  Gent  of  New 
York,"  similar  in  all  respects  to  the  foregoing  ;  and  a  third 
one,  from  "  Edward  Sackville  of  AVestminster  Gent,"  also 
similar  down  to  the  words  "  several  months,"  and  then  pro- 
ceeds as  follows  :  "  And  further  sayeth  that  to  his  certaine 
knowledge  the  s*^  Philip  Carteret  did  pay  unto  the  Indians 


1075] 


ARRIVAL    OF    JOHN    FENWICKE.  18^ 


in  goods  to  a  considerable  value  that  they  might  enjoy 
their  land  quietly  otherwise  they  could  not  have  inhabited 
the  same.  Edw.  Sack\tlle 

"  Jur  24°  die  ffebry  1675 
cora  :  M'gro  en  Can, 

W**  Beversham  " 

[Indorsed  on  the  back.] 

"  A  Writing  of  great  concernment"]  ^ 


Note  of  the  A/'i'ival  of  John  Fenwivke  '-*  and  FarivU/y  in 
West  Jersey^  in  June,  1675. 

I  From  Book  No.  4  of  Salem  Deeds.] 

The  Ship  called  the  Griffin  arrived  in  Delaware  River 
in   which  s^  Ship  came   these   Persons  hereafter  named, 

1  See  "  Proceedings  New  Jersey  Historical  Society,"  Vol.  I.,  2d  Series,  p.  162.    Eu. 

2  John  Ffawkke,  of  Byufleld,  Berkshire,  England,  was  a  student  at  law  at  Gray's 
Inn,  Middlesex  County,  in  1640.  He  was  commissioned  a  major  in  Cromwell's  army  in 
1648,  and  appears  to  have  exercised  considerable  influence  in  promoting  Cromwell's 
interests.  It  is  presumed  that  he  had  some  supervision  of  the  execution  of  Charles  1., 
as  he  had  a  commission  empowering  him  to  be  present  thereat  with  a  squadron  of  cav- 
alry. In  1649,  from  a  certrflcate  in  the  possession  of  the  New  Jersey  Historical  Society, 
it  appears  that  he  belonged  to  the  Independent  Congregation,  of  which  John  Goodwin 
was  the  pastor,  but  subsequently  withdrew  from  them,  and  embraced  the  forms,  disci- 
pline and  creed  of  the  Friends.  It  is  thought  that,  as  one  of  that  body,  he  had  been 
subjected  to  sufficient  persecution  to  induce  him  to  look  to  America  as  a  secure  retreat, 
leading  him,  in  conjunction  with  Edward  Byllynoe,  also  a  Quaker,  to  purchase  Lord 
Berkeley's  interest  in  New  Jersey.  The  deed  therefor  was  dated  March  18th,  1673-4. 
It  conveyed  the  half  of  the  province  to  John  Fenwicke,  in  trust  for  Edward  Byllynge 
and  his  assigns,  and  on  the  6th  of  August,  1680,  the  transfer  was  confirmed  by  the 
Duke  of  York.  Byllynge,  who  was  styled  "  Gentleman  of  Westminster,  Middlesex, 
England,"  becoming  much  embarrassed,  nine-tenths  of  this  interest  was  assigned  to 
trustees  for  the  benefit  of  his  creditors,  and  his  relations  with  Fenwicke  were  far  from 
friendly,  although  William  Penn  and  other  distinguished  Quakers  sought  to  arrange 
their  difficulties.  It  is  presumed  that  he  came  to  New  Jersey  in  1683,  as  in  that  year  ' 
he  had  some  land  allotted  to  him  in  Burlington  for  his  own  residence.  He  was  one  of 
the  twenty-four  Proprietors  to  whom  East  Jersey  was  confirmed  by  the  Duke  of  Vork. 
in  March,  16^3 ;  but  parted  with  his  interest  therein  soon  after  to  Daniel  Coxe,  of  West 
Jersey.  He  died  in  1687.  Fenwicke  arrived  in  West  Jersey,  as  stated  in  the  text,  in 
1675.  His  wife,  Mary  Burdett,  (thought  to  have  been  his  second  one,  and  not  the  mother 
of  his  daughters,  who  was  Elizabeth,  daughter  of  Sir  Walter  Covert),  did  not  accoui. 
pany  him.  He  was  subjected  to  much  annoyance  from  the  Dutch  authorities  and  from 
Governor  Andros,  of  New  York,  as  the  documents  in  this  volume  plainly  show.  He 
died  some  time  between  August,  1683,  and  April,  1684,  ha%-ing  previously  parted  with 
all  his  landed  estate  in  the  province.  See  Johnson's  Memoir  in  "  Proceedings  of 
Historical  Society,"  Vol.  II.,  p.  53;  Johnson's  "Salem:''  Smith's  "New  Jersey;" 
Mulford's  "New  Jersey:  '  "East  Jersey  under  the  Proprietary  Governments,'  2d 
Edition.    Ed. 


ISO  NEW    JRRSKY    COLONIAL    DOCUMENTS.  fl07.'> 

being  the  first  English  Sliij)  that  was  buuud  to  this  part  of 
the  Province,  Viz'  Jn"  flFenwick  Es(j.  of  the  County  of 
Berks,  late  Propreitor  of  Salt^'in  Tenth  in  the  I'rovince  of 
New  West  Jersey  dee*!^  witli  him  3  Daughters,  Elisabeth 
Anna  ct  Prisoilla  ;  Also  Jn"  Adams  Husband  of  the  s'^ 
Kli/.abeth  of  Reading  in  the  County  of  Pierks  Weaver,  it  8 
Children,  Elizabeth  aged  11  years,  ffenwick  aged  nine 
years,  A:  Mary  Adams  aged  4  years.  Edward  Chamneys 
Husband  to  the  said  Precilla,  of  Thornbury  in  the  County 
of  (Tloucester  Joiner  ik  2  Children,  John  Aged  about  .  . 
years,  it  Mary  .  .  years  Old,  with  Id  Servants  viz' 
Rob^  Turner,  Gervis  Bywater,  AVilliam  Wilkinson,  Joseph 
Worth,  Michael  Eaton,  Elinoi-  Geere,  Sarah  Hutchings, 
Ruth  Geere,  Zachariah  Geere,  Ann  J^arsons. — Servants  to 
the  s*^  Edw^  Chamneys  viz'  Mark  Reeve,  Edward  Webb  & 
Elisabeth  AVaites. 


C'oiuirt'I  Mhiute — Major  Fenv^'icl-e  Before  the  Council,  in 
Regard  to  his  Claims  o)i  Delaware. 

[From  "New  York  Colonial  Documeuts,  "  Vol.  XII.,  p.  545. J 

At  a  Councill  May  3^  1H76 
Present  :     The  Governor 

Capt  Brockholes 
Oapt.  Dyre  The  Secretary 

Govern^  Carteret 
Majo""  Fenwyck 
Major  John  Fenwyck  businesse  about  the  land  in  New 
Jersey  on  the  east  side  of  Delaware  River  was  discourst  of, 
butt  susi)endod 

Pret<iidnu'nt  of  Si  nil  ltd  Leete  Aya'mst  John  Fenw'icke. 

jFroin  N.  Y.  Col.  MSS.,  iu  Secretary  of  State's  Office.  Albany,  Vol.  XXV.,   p. '242.) 

Samuell  Leete,  who  aswell  (&c)  presentate  John  Ffenwick 


1  This  record,  certified  by  "  Rob't  Burchan  pro.  Secret'y."  is  without  date,  and  does 
not  irive  the  dat«' uf  the  original  entry,  which  must  have  been  after  Feuwicke's  death 
The  names  of  the  pcr.sou.s  do  not  correspond  with  those  given  by  Smith  in  his  'His- 
tory of  New  Jersey,    p.  "9.    El>. 


1CT6]  PROCEEDINGS.   AGAINST    FENWICKE.  18T 

late  of  Byniields  in  the  county  of  Berks  Eng'  in  the  king- 
dom of  England  for  yt  he  the  said  John  ffenwicke  the 
tenth  day  of  August  10 TO  and  divers  times  before  and  since 
w'''^out  any  Right  or  Tytle  w"'  ft'orce  and  Amies  Ryotously 
and  Routously  w***  ffenwicke  Adams  &  Richard  Handcocke 
and  severall  other  persons  hath  possessed  himselfe  of  a 
large  tract  or  paroll  of  Land  Lying  and  being  w"'in  the 
bounds  and  Lymmitts  of  his  Royall  Highness,  James  Duke 
of  Yorke  his  Pattent  from  his  Maj"®  that  now  is  for  cer- 
taine  Lands  in  America  and  assuminge  ujjon  himselfe  to  be 
Lord  Chiefe  Proprief  (&c)  of  the  same  hath  Granted  to 
sevrall  Persons  great  tracts  of  Land  and  taken  sevrall 
sumes  of  monies  for  the  same  and  disturbed  sevrall  of  his 
Maj"f^  Subjects  not  only  in  the  Possession  of  their  Estates 
but  Ryotously  and  Routously  with  fforce  and  amies  jiulled 
down  and  destroyed  some  building  and  Dwelling  &  making 
void  their  Estates  of  Inhabitants  in  their  peacable  and 
quiet  Possession  in  their  Messuages  Landes  and  Tenem"^* 
And  Other  damage  to  them  hath  done  to  the  hindrance  of 
the  publique  peace  and  in  contempt  of  the  Lawes  and 
Lib"?^  of  his  Maj"?^  subjects.  All  w'^'*  Acting  are  Contrary 
to  the  peace  of  our  Souverayne  Lord  the  King  therefore 
prays  that  this  Co*  will  p'ceede  against  him  the  said  John 
according  as  the  Lawe  directs  in  such  Cases  (&cj 


The   Governor's   Special    Warrant   Against   Major   John 
Fenwicke,  of  Delaware. 

[From  "  New  York  Colonial  Docunients,'  Vol.  XII..  p  559.1 

By  the  Govekjs'ok 

Whereas  1  am  credibly  informed,  That  Major  John 
Fenwicke,  now  living  at  the  East  side  of  Delaware  River 
doth  pretend  and  give  himselfe  out  to  bee  Proprietor  of 
that  side  of  the  River  and  hath  presumed  to  act  accord- 
ingly, graunted  Land  extravagantly,  dispossessed  persons 
in  those  parts,   sold  their  land,    arrogating  to  himselfe   a 


188  NKW    JERSKY    COLONIAL    DOCUMENTS.  [lfi7<> 

Power  of  Judicature,  and  liath  given  out  Lycences  for 
distilling  contriiry  tu  the  order  settled  in  the  River  ;  By 
M'hich  means  hee  hath'  inveigled  some  persons  from  other 
parts,  and  distracts  the  mindes  of  the  Inhabitants,  tliorow 
out  the  whole  River  and  Bay,  not  having  any  Lawfnll 
Power  or  Authority.  Yuu  are  therefore  without  delay, 
to  repaire  over  the  River,  to  the  said  Major  Fen  wick,  and 
all  other  places  on  tliat  side,  to  informe  yourself  of  the 
truth  of  the  above  Particulars,  and  to  forewarn  any  such 
of  the  danger  and  premuniry  they  incurre ;  And  if  the 
said  Major  FenM'icke  hath  acted  as  alleged,  That  \*)\\  sum- 
mon him  in  his  Ma"**  luime  to  appeare  without  delay,  to 
answer  the  same  before  mee  and  my  Councill  in  this  place, 
in  default  at  his  utmost  perill  ;  and  yo""  selfe  to  make  a  due 
retnrne  of  this  Warrant;  and  in  case  of  any  o})]>osicon  by 
doing  yo""  duty,  by  going  from  place  to  place,  on  the  said 
Aecompt,  All  his  Ma"^"  subjects  are  required  to  be  Aiding 
and  Assistinu-  to  vou  :  for  which  this  shall  bee  to  vou  and 
every  of  them,  a  sutficient  warrant  : 

Given  under  my  hand  and  seale  in  New  Yorke,  this  25''' 
dav  of  Se])t.  Anno  1()7*5  E.   Andkos 

To  Capt.  Edmom)  Can  twkll,  Shei-ifl"  of  Delawai'e. 


Pfoveediiiyn  of  the  Goferniiunt  of  New  York  i/t  lieUtti&ti 
to  the  Settlement  uml  Juri.'«H<'tloii  o/'  Mujor  John 
Fenii'U'he    in      \Ve,st    Jerney^    l)i'ceinhei'    iiit/i,    10 To,    tu 

Ortoher,  1(?7H. 

ICopied    tor   the    New   Jersey    Historical   StM-lety    from    the    UecorUn   at    Newcastle, 
Del.,  by  Col.  Robert  (i.  JuLusou.  ol'Saleuj.J 

At  a  ('(•unci!  held  in  New  York    December  ii'.''  1675 
The  letter  from  Cai)taiM   EdiiKHid  Cantwell  being  taken 
into  cctusideration   concerning  the  arrival  of  Mr  Fenwicke 
and  others  at  Delaware  with  their  appertenances.     .     . 

Resolved,  that  Mr  Fenwicke  having  no  order  (which   if 
he  had,  ought  to  have  been  brought  tirst  and  recorded  here) 


16T6]  PROCEEDINGS    AGAINST    FENWICKE,  189 

is  not  to  be  received  as  owner  or  Proprietor  of  any  land 
whatsoever  in  Delaware,  but  to  be  used  civilly,  paying  all 
duties  as  others  his  Majesty's  subjects  in  those  parts,  and  if 
he  or  any  of  the  persons  that  come  with  him  desire  land  to 
the  Westward  that  there  be  assigned  them  fitting  propor- 
tions as  to  others,  and  due  return  made  of  the  surveys. 

As  to  any  privilege  or  freedom  of  custom  or  trading  on 
the  East  shore,  none  to  be  allowed  in  any  Case  to  the 
smallest  vessel,  boat  or  person. 


His  Honor  Gov?  Edm?  Andros's  letter  to  the  Commander 
and  Justices  of  New  Castle,  in  answer  to  their  letter 
sent  the  8*.^  of  November  1676 

Gentlemen 

I  have  received  your  letters  of  the  8^''  by  the  express 
sent  hither,  with  several  other  ]iapers  and  writings  relating 
unto  Major  Joiin  Fenwicke's  actings  on  the  East  side  of 
Delaware  river  by  his  granting  Patents  for  land  and  refus- 
ing to  obey  my  special  warrant  ik.  as  also  touching  your 
more  particular  affairs ;  whereupon  having  taken  advice  of 
my  Councel  I  have  thought  fit  (it  importing  his  Majesty's 
service,  and  the  good  and  quiet  of  those  parts  and  Inhab- 
itants,) That  Major  John  Fenwicke  be  sent  hither  with  the 
first  convenience ;  and  if  there  be  occasion  that  the  Com- 
mander and  you  the  Magistrates  do  use  force  for  seizing 
upon  and  sending  him. — And  there  being  no  lawful 
authority  for  his  giving  forth  Patents  for  land,  those  sent 
hither  are  not  to  be  returned  back  for  the  present,  but  the 
persons  who  have  paid  their  monies  for  them  may  have 
their  remedy  at  law  against  the  persons  that  gave  them 
before  he  departe  out  of  custody. 

As  for  Jean  Paul  Jacquett  who  has  been  dispossessed  ot 
some  land  on  the  East  side  of  Delaware  river  of  which  he 
was  in  possession  at  the  last  coming  in  of  the  English 
government,  he  is  to  be  repossed  and  you  are  to  take  order 


TOO  NEW    JERSEY    COLONIAL    DOCUMENTS.  [167^ 

about    it,   and   (if  occasion)  the    Commander   is   to    assist 
therein. 

To   tlie   Coinniandei' and   the  (oui-t  of  .Xcw  Castle  in 
Delaware. 


At  a  Meeting  of  the  Commander  and  .lu.^tices  lield  in 
tlic  town  of  New  Castle  on  Friday  tlie  s"'  day  of  Decem- 
ber lOTH 

Captain  .lolm  Colier  Commander 

M^  John  Moll  1 

IV'P  William  Tom  j   ,      . 

nrr    I-  /^       1  .  Justices 

M'  lopi)e  Outhout  j 

Mr  Jean  Paul  Jaccjuett  J 

Captain  John  Colier  by  his  s])eech  declared  to  the  court, 
that  in  pursuant  of  his  Jionor  the  (Tovernor's  orders  to  him, 
he  had  on  the  fourth  past  sent  a  friendly  and  civil  letter 
with  the  under  sheriff  to  JSrajor  John  Fenwicke,  shewing 
that  he  had  received  orders  from  his  said  honor  and  desired 
liim  to  come  to  New  Castle  upon  which  the  said  Fenwicke 
sent  a  letter  in  answer  refusing  to  come  tV:  ife — as  i)y  the  said 
letter  produced  in  Coui't  more  plainly  did  a j)pcar  further 
declaring  that  he  the  said  ('aptaiii  Colier  had  been  in  his 
own  ])erson  on  the  seventh  part  with  the  said  Fenwicke 
at  his  house — where  conlini,^  iu»iu^  of  his  company  were 
suffered  to  come  in  the  Ikuisc  but  himself  as  when  he 
delivered  to  the  said  Fenwicke  in  substance  as  followeth — 
Speech 

'J'hat  he  the  said  (^olier  had  not  (piestioned—according 
to  his  letter  sent  the  fourth  past — but  that  he  would  have 
wune  over  with  the  undersheriff,  or  at  leastwise  have  sent 
a  more  satisfactory  answer,  but  since  he  the  said  Fenwicke 
still  stood  out  by  which  he  had  given  him  the  trouble  to 
come  over  in  person,  did  therefore  give  him  to  understand 
that  it  was  his  honor  the  (lov"!**  order  t(»  have  him  the  said 
Fenwicke  to  c(une  and  a])i)ear  before  him  and  Council  at 
New  \ovk — wliicli  long  bef(»re  lie  had  understood  by  his 
said  lionoi"'s  special  warj-ant  sent  to  him.  and  therefore  desired 


1676]  PEOCEEDINGS    AGAINST   FENWICKE.  191 

him  now  in  all  civility  without  further  trouble  to  obej  the 
said  orders — there  being  now  a  fit  opportunity  for  his  going. 

Major  Fenwicke's  answer — 

Upon  which  Major  Fenwicke  replied — 

That  he  did  not  know  that  the  Governor  of  York  had 
any  thing  to  do  with  him,  and  that  he  would  obey  nothing 
but  what  shall  come  from  his  Majesty  the  King  or  his 
Highness  the  Duke  of  York,  and  was  resolved  not  to  leave 
his  house  without  he  was  carried  away  either  dead  or  alive, 
and  if  any  one  dare  come  to  take  him,  it  was  at  their  peril, 
and  he  would  do  their  business  : — and  after  the  said  Cap- 
tain Colier  went  out,  suffered  him  not  to  come  in  asrain, 
but  keeping  his  door  double  bolted,  spoke  to  him  out  of  a 
small  scuttle  hole  at  the  end  of  the  house.  Captain  Colier 
declaring  further  to  the  Court,  that,  he  seeing  that  the  said 
Major  Fenvicke  was  and  continued  so  refractory  and 
stood  upon  his  defence,  and  further  considering  that  the 
magistrates  by  his  Honors  order  w^ere  equally  in  the  busi- 
ness concerned  with  him,  thought  best  to  take  their  advice 
before  he  would  proceed  to  rigour  which  was  now  the 
occasion  of  calling  the  Court  Arc  tfec     .     .     . 

The  Court  having  considered  and  maturely  deliberated 
upon  the  orders  from  his  Honor  the  Governor,  to  them 
and  also  the  orders  from  his  honor  the  Gov!"  to  Captain 
John  Colier  in  particular,  no  judge  it  necessary  since  the 
said  Fenvicke  in  contempt  to  his  Honors  orders  stands  out 
upon  his  Peril,  That  foi'ce  be  used,  and  he  the  said  Fen- 
wicke taken  and  sent  to  "^'ork  to  his  Plonor  with  the  first 
sloop,  for  the  doing  whereof  they  are  willing  to  give  forth 
their  warrant,  Szc. 


At  a  Meeting  of  the  (-omnuinder  and  Justices  for  the 
apprehending  of  Major  P^'enwicke.  By  the  Connnander 
and  Court  at  New  CVistle.     In  Delaware. 

These  are  in  his  majesty's  name  to  impower  and  appoint 
you  Lieutenant  Johannes  De-Haes,  M^  Michill  Baron  and 


192  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1676 

M'  CTCor^e  Moore  iindorslieiiflF  of  this  place  to  levy  twelve 
fioldiers  out  of  any  of  the  Militia  of  this  Kiver,  and  with 
them  to  repair  to  the  house  of  Major  John  Fenwicke  to 
bring  by  force  before  us  to  this  town  of  Xew  Castle  upon 
Delaware,  giving  and  hereby  granting  unto  you  and  every 
of  yon  full  power  and  authority  to  pull  down  break,  burn, 
or  destroy  the  said  house  for  the  apprehending  of  him  the 
said  F'envicke — And  further  to  act  and '  use  all  or  any 
forceable  act  or  acts  as  the  expediency  of  the  time  shall 
offer  to  your  Judgement  withall  giving  and  hereby  grant- 
ing to  you  and  every  of  you  and  every  respective  soldier 
under  you,  full  power  in  case  of  resistance  or  presenting 
any  gun  or  guns  to  your  detriment  to  tire  upon  him  the 
said  Fenvicke  or  any  others  so  presenting  or  intending  to 
shoot  and  if  in  the  case  he  the  said  Fenvicke  or  any  other 
resisting  shall  happen  to  be  killed,  you  and  every  of  you 
shall  be  liereby  absolutely  and  freely  discharged  and  held 
innocent,  as  being  done  in  i)ursuant  of  the  Dukes  Lieuten- 
ant's order  and  of  us  by  his  honor's  order  recommended. 

Given  under  our  hands  at  New  Castle  in  Delaware  this 
8^''  day  of  December  1676 — Signed 

joun  coliek 
John  Moll 
William  Tom 

FoPPE    OUTHOUT 

Jean  Paul  Jacquett 


At  a  private  Court  held  in  the  town  of  New  Castle 
May  O^l'  1678 

M^  J<.hn  Moll  "1 

M""  Fopi)e  Outhout  ' 

M^  Jean  Paul  Jacquett   [  •^"•'^tices 

M'  (icrrett  Otto  | 

The  Justices  ujion  occasion  of  Major  Fenwicke's  making 
of  some  new  alterations  on  the  East  side  of  the  River  and 
other  concerns,  did  this  dav  meet  in  tlie  P\»rt,  in  order  of 


167S]  PROCEEDINaS    AfiAINST    FENWIf'KK.  193 

writing  to  New  York  according-  to  his  lionor,  tlie  (tov'I**  last 
sent  orders  in  his  letter. 

Captain  p]dninnd  Cantwell  declai-es  that  he  living-  in 
New  Salem  (alias  Swamptown)  the  -W^'  day  of  April  1678 
where  Major  John  Fenwicke  had  ordered  a  meeting  of  the 
Inhabitants  of  the  East  side  of  this  Riv^er — he  the  said 
Fenvicke  did  then  appoint  some  othcers  viz  Samuel  Hedge 
Surveyor  General,  James  Nevill  to  be  secretary,  Samiu'l 
Winder  Register — and  declared  he  would  nominate  afltf 
appoint  other  officers  at  his  leisure,  and  caused  his  said 
secretary  to  read  several  papers  as  his  Majesty's  Patent  to 
his  Roj'al  Highness  and  his  Royal  Highness  to  the  Lord 
Berkely,  and  a  copj^  as  he  said  of  the  Lord  Berkely  as  to 
him  the  said  Fenvicke  with  several  other  papers  which  the 
attestant  did  not  mind — and  after  the  reading  of  all  these 
papers  he  the  said  Fenwicke  demanded  in  his  Majesty's 
name  the  superiority  and  the  submission  of  the  people  here 
as  his  right  and  propriety — After  his  demand  he  brouglit 
a  paper  upon  the  table  in  the  form  of  an  Oath  or  some 
such  thing,  which  several  of  liis  people  or  officers  signed — 
After  they  had  done,  I  told  him  that  the  most  part  of  the 
people  that  was  there  did  not  know  what  was  read — He 
answered  me  tliat  they  could  know  well  enough  to  take  his 
land.  I  also  told  him  that  there  was  a  small  Levy  laid  by 
the  Collector  upon  the  people  on  that  side— He  said  the 
Collector  had  no  power  to  lay  no  Levy  on  that  side,  and 
said  whosoever  did  pay  any  Levy  should  forfeit  their  lands 
and  privileges — I  asked  him  if  he  would  bear  them  out  and 
see  them  harmless — he  said  he  would  give  under  his  hand 
to  answer  it  before  the  King,  and  said  that  the  people  should 
stand  on  their  own  defence  if  any  body  came  to  demand 
it — And  also  did  forbid  M'.  Foppe  Cuthout  not  to  act  any 
thing  in  the  behalf  of  the  Court  of  New  Castle  upon  the 
forfeiture  of  his  estate — I  told  him  that  his  Honor  the  Gov. 
had  commissionated  him  the  said  Mr  Outhout,  and  was  still 
pleased  for  to  continue  him  He  said  the  Gov.  had  nothing 
to  do  on  that  side  and  that   he  was  subject  to  no  man  bu 


194  NKW    .IKRSKY    COLoXIAI.    1)(  »Cl'MKN'T.>.  [1C78 

God  and  tlie  KiniJ^ — lie  also  said  that  he  would  do  or  act 
nothing  without  the  advice  of  his  Council  which  he  would 
nominate  very  suddenly,  with  several  more  speeches  which 
the  attendant  doth  not  now  remember.     .     . 

Justice  Foppe  Outhout  declares  to  ha\e  been  present 
with  Captain  Cantwell  and  to  have  heard  in  substance  the 
same  that  is  hereabove  declared  by  the  said  Captain  Cant- 
well.  M""  Maehiel  Baron  and  Renier  Vanlieist  sworn  in 
Court — declare  in  substance  to  have  heard  and  seen  the 
same  as  herebefore  by  Captain  Cantwell  is  declared — 

Johannes  Van  Jimmen  sworn  in  Court  declares  that 
being  present  at  the  house  of  one  Gillis  Giljansen  at  the 
East  side  of  this  i-iver,  some  time  in  the  last  of  the  mouth 
of  April  last  past — at  which  time  Major  John  Fenvicke 
came  there,  who  demanded  why  the  deponent  and  the  rest 
that  were  there  did  not  come  at  New  Salem  (as  others  didj 
to  acknowledge  him,  meaning  himself  to  be  L(;rd  and  Pro- 
prietor of  the  place — I'pon  which  they  answered  him 
saying,  how  they  could  own  him  so  long  as  they  paid  Levy, 
to  wit  12  guilders  lU  stivers  per  head  at  New  Castle  Court. 
Whereupon  he  the  said  Fenwicke  replied  saying,  that  all 
those  who  paid  the  sanie  should  never  enjoy  a  foot  of  laud 
on  the  Easteren  shore  and  furthei-  saith  nut— 

Right  Honb"  Govkknok 

Sir,  we  hope  before  sight  hereof,  yuur  honor  will  be  safe 
retuj-ned,  which  happy  news  we  do  much  long  for.  The 
inclosed  Testimony,  and  informations  given  us  concerning 
the  new  alterations  made  by  Major  John  Fenvicke  since 
hie  last  return  from  N.  York  on  the  East  side  of  this  river 
are  the  chief  occasions  of  this  account  writing,  which  said 
Testimonies  we  hope  your  honor  will  be  pleased  to  pursue 
and  to  give  us  your  speedy  order  what  and  how  we  shall 
act  in  and  about  the  same.  We  likewise  send  your  honor 
here  inclosed  the  Copies  of  our  former  and  last  order  con- 
cerning the  estate  of  one  Francis  Barints  deceased,  there 
being  several  persons  who  are  debted  to  the  said  estate  in 


167S]  PROCEEDINGS    AGAINST    FENWTOKE.  19.J 

this  river  whereof  Captain  (Jan t well  has  received  one  cow 
and  twenty  skipple  of  wheat,  for  which  he  is  ready  to  be 
accountable  to  your  honor — And  Captain  CoJier  a  screw 
gun  and  Captain  Billop  now  securing  the  same  persons 
de  novo,  who  formerly  have  paid,  and  we  being  uncertain 
whether  the  brother  of  the  deceased  (who  was  expected)  be 
dead  or  alive  we  therefore  desire  your  honor's  oi'der  how 
safely  to  act  further  therein.  Finally,  since  your  honor's 
departure,  there  have  happened  several  complaints  of  the 
country  concerning  several  strange  actions  of  your  Com- 
mander Captain  Billop,  which  hath  occasioned  some  dis- 
putes and  differences  between  us  and  your  said  Commander 
— we  knowing  it  to  be  our  duty  not  to  suffer  the  poor 
Commonalty  to  be  oppressed,  which  all  to  relate  would  be 
too  long  ^ — AVherefore  we  shall  refer  that  until  we  are 
certain  of  your  honor's  arrival  as  when  we  are  intended  to 
depute  one  of  our  Bench  to  treat  with  your  honor  about 
that  and  other  material  concerns — So  having  no  more  at 
present  to  enlarge,  we  remain  Right  Honb^.^  Gov^ 

Your  hon?  most  humble  subjects  &  servants 
Jean  Paul  Jacquett, 
John  Moll,  John  Mooke 

Gerritt  Otto,  Fopp  Outhout 

New  Castle  May  9"'  1678 

The  Superscription  was. 
To  the  Right  Honb'*^  Mayor  Edmund  Andros  Esq?  Gover 
nor  General  under  his  Royal  Highness  James  Duke  of 
York  &  Albany,  of  all  his  territories  in  America,  or  in 
his  absence  to  the  Honb"'  Captain  Matthias  Nichols 
Secreatary  and  the  rest  of  the  Honb'?"  Councel  at  New 
York— These— 

1  This  "Capt.  (Christophei)  Billop,'  ("sou  ol  Christopher  Billop  Gent  of  Loudon,') 
was  commissioned  as  Lieuteuaut  of  the  New  York  troops  in  1674.  Either  for  the 
misconduct  mentioned  iu  the  text,  or  something  similar,  he  was  subsequently  super- 
seded. It  is  presumed  that  it  was  his  son— a  Captain  Christopher  Billop,  of  the 
British  Navy — who  obtained  a  patent  for  a  thousand  or  fifteen  hundred  acres  on  the. 
southern  shore  of  Stateu  Island,  and  whose  daughter  married  Christopher  Farmai' — 
better  known  during  the  Revolution  as  Colonel  Billop — who  took  his  wife's  name  on 
inheriting  the  estate.     '  Contributions  to  the  Early  History  of  Perth  Amboy.''    ED. 


lOG  NEW   JERSEY    rOLOXTAL    DOCrMENTS.  [1078 

I'liE  J.ETTEK  fi-diu  tlie  lioiil)'"'  Coniic'il  at  N.  York  in 
answer  to  the  letter  of  tliis  Court  sent  the  HV''  of  May 
hist  past. 

Gentlemen,  "^'ours  of  9'!'  Instant  arrived  tlie  beginning 
of  tlie  week  wliich  not  liaving  liad  the  liappiness  to  find  the 
Governor  returned  was  conminnieated  to  the  Council  npon 
consideration  of  the  new  alteration  made  by  Majoi-  John 
Fenwicke  on  the  East  side  of  the  river — perusal  oi'  the 
testini(»nies  and  informations  given  concerning  the  same. 
They  have  thought  good  to  nuike  the  inclosed  order  which 
they  desire  you  will  do  your  part  to  see  it  put  in  execution 
(if  occasion)  but  with  as  little  mit^chief  as  may  be.  Captain 
Billop  is  written  too  likewise  concerning  the  same. 

The  matter  of  Frans  Barentzen  was  not  well  represented 
by  Captain  Billop  to  Captain  Brockhols,  who  sup])osing  the 
accident  of  his  death  was  very  lately,  and  it  being  likewise 
intimated  that  he  liaving  no  heir,  the  estate  he  left  did 
belong  to  the  Duke  as  an  escheat,  he  gave  order  to  Captain 
Billo])  to  secui'e  M'hat  he  had,  and  give  account  of  the  same, 
but  u]>on  further  infornuition  that  the  said  Frans  Barentsen 
died  several  years  ago,  and  that  the  Court  hath  formerly 
taken  (H)giiizance  of  the  said  estate,  and  the  GoNeriior 
having  likewise  been  made  acquainted  therewith,  they  do 
not  think  tit  that  Ca[)tain  BiHoj)  should  any  fui'thci*  con- 
cei-n  himself  therein,  but  that  you  prosecute  what  you  had 
.begun  and  give  account  thereof  to  the  Govei-nor.  If  the 
deceased  had  a  brother  (as  suggested)  he  can  have  no  pre- 
tence aftei'  the  disposal  of  it  ;  otherwise  a  year  and  six 
weeks  being  past  and  no  claim  made  which  is  the  time 
limited  by  law. 

There  hath  been  an  address  from  ( 'aptain  Cantwell  in 
the  name  of  his  son,  resigning  all  the  right,  title  and 
interes*^  his  son  might  have  to  the  estate  of  AVilliam  Tom 
deceased  by  virtue  of  his  will,  and  desiring  it  may  be  sold 
at  a  public  vendue  for  the  payment  of  his  just  debts — But 
tlio'  he  may  have  preference  before  the  rest  of  the  credit- 
ors next  to   Captain   Delaware  who  hath  judgement  and 


1678]  PROCEEDINGS    AGAINST   FENWICKE.  197 

execution  against  the  said  estate,  the  Council  do  think  it 
reasonable  that  the  said  estate  belonging  to  MT  Tom  be 
sold  for  the  payment  of  his  debts,  but  are  not  willing  to 
alter  the  course  of  the  law  which  gives  directions  how 
debts  should  be  paid — That  is,  Statutes  and  Judgements 
first — then  bonds  and  specialties — after  that  book  debts 
and  other  claims.  If  any  thing  after  that  shall  be  left  the 
son  of  Captain  Cantwell  may  have  it.  The  sooner  M^ 
Thorn's  estate  be  sold  the  better,  after  some  weeks  notice 
for  the  complaint  made  by  the  commonalty  against  the 
commander  Captain  Billop — we  are  not  willing  to  inter- 
middle  therein  the  rather  for  that  you  signify  your  resolu- 
tion to  send  some  of  your  Bench  to  the  Governor  after  his 
arrival  to  treat  with  him  about  that  and  other  material 
concerns.  This  having  as  near  as  may  be  answered  the 
particulars  of  your  letter.  I  take  leave  and  I'emain 
Gentlemen 

your  most  humble  servant 

By  order  of  the  Council 

Matthias  Nkholls 

The    superscription  was    to    the  Justices  of  the  Court  of 
New  C^astle— These 

Here  followeth  the  order  of  (*ouncil  sent  inclosed  in  the 
abovesaid  letter  from  New  York.  At  a  Councel  held  in 
New  York  May  22^!  1678 

Upon  the  receipt  of  letters  from  the  Magistrates  of  the 
town  of  New  Castle  in  Delaware  about  the  alteration  begun 
to  be  made  by  Major  John  Fenvicke  on  the  East  side  of 
the  River  where  contrary  to  his  engagement  and  parole  he 
hath  acted  by  assuming  a  pretended  power  to  himself. 
The  same  being  taken  into  consideration  to  prevent  any 
mischief  that  may  happen  upon  that  account.  It  is  ordered, 
that  a  messenger  be  forthwith  sent  express  to  the  Com- 
mander and  Justices  of  New  Castle  in  Delaware  who  are 
to  give  notice  to  the  said  Major  Fenwicke,  that  according 


198         NEW  JERSEY  COLONIAL  DOCUMENTS.        [1678 

to  his  parole  he  forbear  the  assuming  any  power  of  govern- 
ment tft  himself  on  the  East  side  of  Delaware  river  or  any 
where  else  in  those  parts  unless  he  can  produce  ^lore 
authentic  power  out  of  England  so  to  do  than  he  hath  yet 
done,  which  ought  first  to  be  made  known  to  the  Governor 
in  this  place — and  in  case  of  refusal  the  said  Commander 
and  Justices  are  hereby  required  to  order  him  to  come  to 
New   York  within   the  space  of  days  to   make 

answer  to  what  shall  be  alledged  against  him  on  that 
behalf  and  for  breach  of  his  parole  which  if  he  deny  to  do, 
that  then  the  said  Commander  and  Magistrates,  together 
with  the  sheriff  do  use  force  to  seize  his  persf>n  and  send 
him  hither  without  delay. 

By  order  of  the  Council 

(Signed)  Matthias  Nicholls 

In  pursuant  to  the  aforestanding  order  of  the  (  ouncil, 
the  following  letter  was  sent  to  Major  John  Fenwicke. 

Major  Fenwicke. 

We  have  by  an  express  from  New  Yt>rk  received  order 
from  the  Ilonb'.*"  Council  to  give  you  notice  that  according 
to  your  parole,  you  forbear  the  assuming  any  power  of 
government  to  yourself  on  the  East  side  of  Delaware  river 
on  any  where  else  in  those  paits  unless  you  can  produce 
more  authentic  power  out  of  England,  so  to  do  than  you 
have  yet  done,  which  if  so  you  ought  then  first  to  have 
made  it  known  to  the  (lovernor  in  New  York  u}H)n  which 
we  expect  your  })resent  answer  with  this  messenger, 
remaining  Sir  your  affected  friends 

(Signed)  CuKisTornKK  .Bn,Lor 

John  Moll 

PlETER    AlRICUS 

New  Castle  -luiie  :r!  1678 

P.  S.     AVe  desire  you  not  to  fail  in  sending  your  answer 
bv  reason  we  are  to  disj^atch    the  exjiress  back   to   New 


1678]  PROCEEDINGS    AGAINST   FENWICKE.  199 

York  by  tomorrow  at   Night — Tlie    inclnse   we   received 
under  coverts  by  the  express  Yale 

Tlie  superscription  was  *'  To  Major  John  Fenvicke  at 
New  Salem 

The  Copy  of  Major  Fenwick's  letter  sent  back  by  Thomas 
Woollerton  iindersheriff — 

My  friends  and  neighbours, 

In  answer  to  yours  of  this  date  concerning  an  express 
therein  mentioned  from  the  Council  of  New  York  to 
whom  my  reply  is  this — That  the  cause  of  my  long  impris- 
onment which  is  not  unknown  to  them  was  because  I 
would  never  be  persuaded  to  give  security,  either  to  be  of 
good  behaviour  nor  to  forbear  acting  in  that  public  capacity 
in  which  I  am  authorised  by  virtue  of  the  Kings  letters 
Patent — the  Dukes  grant  to  John  Lord  Berkely  and  Sir 
George  Carteret,  and  the  Lord  Berkeley's  deed  to  me 
wliich  were  all  produced  before  the  Governor  and  his 
Council  by  the  Commissioners  that  arrived  at  York  the 
last  of  August ;  whereupon  I  had  my  liberty  to  come  home 
without  any  obligation,  and  to  return  the  B'^?  day  of  Octo- 
ber following  which  accordingly  1  did  to  the  hazarding  of 
my  life  which  is  well  known.  And  the  Governor  then 
told  me  he  wondered  I  did  come  again  and  gave  order  I 
might  return  hither  again  about  my  lawful  occasions — - 

It  is  well  known  likewise  that  I  was  made  and  detained 
prisoner  to  the  Collector  of  assizes  and  by  their  favour  and 
yours  I  cannot  look  upon  myself  to  be  obliged  by  my 
parole  to  appear  with  an  order  from  the  Court  of  Assize, 
the  sheriff  liberally  importing  the  same  and  their  order  of 
Court  being  relaxed  as  to  live  hundred  pound  bond  to  be 
of  good  behaviour  and  not  to  act  and  my  parole  no  ways 
engaging  me  thereunto,  I  am  left  at  my  liberty  to  act  or 
not  to  act  upon  the  Lord  Berkeley's  interest — and  further 
that  if  I  shall  be  found  to  be  a  transgressor  against  the 
King  of  England  and  his  laws  in   the  pursuance  of  the 


200  NKW    .IKR6KY    COLONIAL    DOCl'MENTS.  [1678 

• 

peace  and  ijood  settlement  of  my  Colony  acconiinii;  to  his 
Majesty's  formerly  declared  will  and  pleasures  it  will  be 
time  enough  for  me  to  suffer  when  I  shall  be  by  liis 
Majesty's  order  reipiired  to  answer  for  myself  before  him, 
to  whom  I  am  bound  to  give  an  account  of  what  Judge- 
ment or  sentences  I  give  concerning  the  government  of 
this  colony  within  this  province  ;  and  therefore  I  desire 
both  the  Council  and  you  seriously  to  weigh  the  premises, 
and  be  assured  of  this  I  shall  not  be  found  backward  to  do 
my  duty  to  the  Kings  majesty  and  every  of  his  subjects 
both  in  time  and  place  when  thereunto  legally  required, 
and  accordingly  in  the  interim.  1  desire  to  enjoy  what  is 
my  just  and  undoubted  right — the  peace  of  Grod  and  his 
majesty  the  King  of  England — and  do  in  his  name  implore 
both  their  and  your  assistance  therein  until  I  shall  be 
legally  convicted  of  being  a  notorious  offender  of  which  I 
am  in  the  least  guilty  thereof — and  so  T  can  in  very  niuch 
peace  and  confidence  subscribe  myself 

His  Majesty,  loyal  subject — the  Council  and 

your  peaceable  neighbour  and  hearty  friend 

N.  Salem  3**  of  J.   Fenwioke 

the  4'."  1678 
m. 

A  letter  sent  Ity  the  express  back  to  New  \  ork  directed 
to  the  honb'.*"  Council — 

Honor"^*  Sirs, 

Your  letter  by  the  express  of  the  !?•>'"  of  IVfay  last  past,  we 
received  the  2*^  Instant,  together  with  the  inclosed  order — 
pursuant  to  which,  we  the  day  following  sent  a  messenger 
over  to  ^lajor  ,1.  Fenwicke  with  a  letter  whereof  the  copy 
is  liere  inclosed,  by  which  messenger  he  likeM'ise  in  answer 
returned  this  his  inclosed  letter  which  we  humbly  refer  to 
your  honors  consideration  and  that  your  honors  may  not  be 
ignorant,  the  said  Fenwicke  doth  proceed  and  assumes  full 
j>ower  to  himself  sending  on  Saturday  last  his  special  war- 
rant with  6  or  S  persons  prest,  to  ap[)rehend  one  John 
Eldridge  tVc — and  doth   by  his  several   evidential   expres- 


1678]  PKOCKEDINOS    AGAINST    FENWIOKE.  201 

«ions  declare  that  he  will  stand  out,  and  that  no  man  shall 
take  him  alive — no — not  if  the  Governor  came  himself. 
What  your  honors  do  further  resolve  about  him  if  in  case 
directed  to  us,  we  desire  that  it  may  be  absolute  and  suffi- 
<iient, — for  it  is  of  opinion  that  he  will  hardly  be  taken 
without  bloodshed  or  mischief.  As  to  Mr  Tom  deceased, 
we  are  sensible  that  there  was  an  execution  against  his 
body,  but  not  against  the  estate — Yet  in  case  your  honors 
do  think  it  fit  that  the  whole  estate  real  and  personal  be 
sold — we  then  desire  a  more  positive  and  absolute  order  for 
so  doing,  and  it  shall  be  readily  by  us  performed.  The 
inclosed  for  the  Whore  Kill,  we  have  sent  with  the  first 
■opportunity  that  presented — -which  is  all  at  present  from 
Honr^!'-  Sirs— 

Your  honors  most  humble  Servants 

(Signed)  John  Moll 

John  Moore 
Peter  Alrichs 
Kew  Castle  Jean  Paul  Jacqueti" 

Jun  5^^  1678  '  Gerrett  Otto 

The  superscription  was  '•  For  the  honb'"  Captain  Matthias 
Nicholls  and  the  rest  of  the  honb'.^  Council  In  New 
York— These—  . 

The  Court  adjourned  their  ordinary  sitting  again  until 
the  first  Tuesday  of  the  month  of  October  next  unless 
urgent  or  multiplicity  of  business  should  require  their 
sitting  sooner. 

At  a  meeting  of  the  Commander  and  Justices  held  in  the 
town  of  Kew  Castle  July  17*''  1678 

Captain  Hopher  Billop  Commander 
M-:  John  Moll  1 

Mr  Peter  Alrichs  I 


M""  Fopp  Outhout  [ 

Mr  Jean  Paul  Jacquett   I 
Mr  Gerritt  Otto  j 

Captain  Edm**  Cantwell  High  Sheriff 


ijOii  NEW    JERSEY    COLONIAL    DOi'l'MENTS.  [1G78 

Tlie  following  letter  from  the  Iloiib'*  Council  was  tlii^ 
day  read — viz — 

Gentlemen. 

Yours  1»y  the  5V''  by  the  return  of  the  express  sent  to 
you  by  the  Council  arrived  here  the  beginning  of  the  week 
— but  your  answer  gives  very  little  satisfactory  to  any  pai*- 
tieular  they  write  about  as  to  the  order  concerning  Major 
Fenwicke  ;  The  Council  then  did  think  and  upon  serious 
perusal  of  the  same,  again  do  find  that  it  was  absolute  and 
full — it  expressing  that  in  case  of  liis  refusal  to  act  in 
assuming  a  power  of  government  to  himself,  ordering  to 
come  to  2sew  York  according  to  his  ])arole  upon  your  sum- 
mons, that  then  the  Commander  and  you  the  ^Magistrate.* 
were  to  use  force  to  secure  his  ])erson  and  send  him  hither — 
so  you  needed  not  any  new  result  to  be  directed  to  your- 
selves alone  (it  being  thought  Ht  to  direct  it  to  the  Com- 
mander also)  more  absolute  than  the  former  whicli  the 
Council  think  sufficient,  so  shall  not  alter  anything  therein 
but  leave  you  to  answer  your  neglect  to  the  Governor,  who 
is  dailey  expected,  and  all  prejudice  or  mischief  that  may 
happen  thereby  to  lie  at  your  doors — they  having  done 
their  duty — 

The  aforesaid  letter  from  the  llonb'.*^  Council  read  and 
the  business  of  Major  Fenwicke  taken  into  Consideration 
by  the  Commander  and  Justices  of  this  Court,  and  Ca})tain 
P>illoi)  sij^nifviny;  that  his  last  livino;  over  at  Salem  the  last 
week  that  there  Major  Fenwicke  was  willing  to  answer  the 
Honbl*  Council's  order  at  New  Y''ork,  and  that  he  will 
surrender  himself  at  New  York  according  to  his  parole — 
7k*<s()hv(/  and  onhi-rd  by  the  Commander  jointly  with  the 
Court  that  Major  Fenwicke  in  case  he  will  give  under  his 
hand  by  a  letter  to  the  Council  that  he  will  not  act  by 
assuming  any  power  of  Government  to  himself  on  that 
side  of  the  river  or  anywhere  else,  and  that  he  within  the 
space  of  seventy  days  promises  to  make  his  personal  appear- 
ance at  N.  York  according  to  his  parole,  that  then  he  be 


1678]  PROCEEDINGS    AGAINST    FENWICKE.  203 

left  thei'e,  but  in  case  of  refusal  and  that  he  doth  not  send 
a  satisfactory  answer,  that  then  the  Commander  together 
with  the  High  Sheriff  press  and  take  with  them  so  many 
of  the  militia  as  they  think  tit  and  with  them  seize  the  said 
Fenwicke's  person  and  send  him  to  N.  York  without  delay 
according  to  the  order  of  the  Honbl^  Council. 

Followeth  the  letter  sent  to  Major  Fenwicke 
Major  Fenwicke. 

Sir,  Captain  Billop  signifying  to  us  that  you  have  altered 
your  former  resolution  and  that  now  you  are  willing  to 
answer  the  order  from  the  Honb'.^  Council  of  New  York 
and  that  you  will  go  and  there  surrender  yourself  according 
to  your  parole.  Now  therefore,  if  you  will  forbear  the 
assuming  any  power  of  (Tovernment  to  yourself  and  within 
the  space  of  20  days  will  appear  at  New  York  and  there 
surrender  yourself  according  to  your  parole  then  signifying 
so  much  in  a  letter  under  your  hand  to  the  Honb'.*'  Council 
in  New  York  and  send  the  same  letter  open  to  us  under  a 
Covert  by  this  bearer,  that  so  we  may  be  positive  of  your 
resolution — 

remaining  Sir  your  affectionate  friends — 

(Signed)  Christopher  Billop 

John  Moll 
Peter  Alrichs 
P'oop  Outhout 
New  Castle  Jean  Paul  Jacql'Ett 

IT'?'  July  1676  Gerritt  Otto 

The  Superscription  was  to 
Major  John  Fenwicke  at  New  Saleu)     These 

Honor"^*^  Sirs, 

Your  letter  of  21*"  June  last  we  received  in  answer  to 
which  we  reply,  that  the  occasion  of  our  writing  alone  the 
5^^  of  the  same  month  in  whicli  to  our  sorrow  your  Honors 
reply  to  receive  so  little  satisfaction,  was  not  that  we 
desired  to  be  only  concerned  without  the  Commander  who 
nuich  takes  the  part  of  and  is  a  great  friend  to  Major  Fen- 


204  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1678 

wicke.  but  that  which  was  writ  tlieii  concerning  Major 
F'enwicke  we  had  out  of  the  month  of  the  said  Commander, 
and  his  not  signing  of  the  said  letter  was  by  reason  the 
other  particulars  therein  mentioned  concerned  him  not. 
By  the  enclosed  copies  your  honors  will  see  what  result 
hath  been  taken  by  the  Commander  and  us  since  the 
receipt  of  your  letter,  and  since  the  Commander  and  High 
Sheriff  have  fetched  the  said  Fenwicke  to  this  town  ;  and 
altho'  it  was  supposed  to  be  a  more  secure  and  better  way 
to  send  him  by  water  in  this  sloop,  yet  the  Commander 
thinks  it  best  to  send  him  by  land  which  he  likewise  hath 
oV)ligeth  to  do. 

Your  Hon"  most  huiii]»k'  Subjects  and  sservants 

The  Court  of  New  ('astle,  by  order  of  the  same — 

New  Castle  24  Julv  1678  Eimi»  Herman  » 


M'  Machiell  Barron  for  liimself  and  in  behalf  of  the 
other  old  Inhabitants  of  the  Easteren  shore,  this  day 
brought  and  produced  in  Court — a  warrant  from  the  right 
Honb""  (xovernor  Sir  Edmond  Andros  directed  to  this 
Court — the  warrant  being  here  f(»llowing  recorded 

Bv    THE    (tOVEKNoK 

Yic — Whereas  I  have  received  several  petitions  and 
complaints  from  divers  of  the  inhabitants  of  the  East  side 
of  Delaware  river,  that  have  been  disturbed  in  the  lawful 
possession  of  their  lands  and  tenements  there  by  Major 
John  Fenwicke  and  others.  These  are  to  desire  and 
authorize  you  the  Justices  of  the  Court  at  New  Castle  to 
take  care  that  the  said  inhabitants  be  not  disturbed  in 
their  possession  upon  any  i)retence  whatsoever  by  the  said 
Major  Fenwicke  or  others,  and  if  occasion,  to  make  me 
forthwith  ac(piainted  with  the  same. 

(-liven  under  my  hand  in  >.\'w  "iOrk  tliis  2S'.''  of  October 
1678     (was  subscribed  I  E.  Andros 

To  the  Justices  of  the  ( 'oui-t  at  New  Castle. 


1  Son  of  Augnstine  Hemian,  whose  Dame  is  asHOciated  with  the  first  Uidian  ^rant 
for  a  larjje  portion  of  East  Jersey.  "  Pennnylvaiiia  Magazine  of  History  and  Biog- 
inphv,"  Vol.  TV.  p.  101;  "New  York  Genealogical  and  Biographical  Record,"  Vol. 
IX.,p.  5t?.    Ed.  


1676]  QUIXTIPARTITK    DEEP.  205 


Quint'ipartite  Deed,  Between  Sir  George  Carteret,  William 
Fenn,  Nicholas  Lucas,  Gairen  Lavrrie  and  Edward 
Byllynge,  Dividing  the  Province  of  Nev)  Jersey  into 
East  and  West  Jersey.^ 

[From  an  Original  in  the  New  Jersey  Historical  Society  Library.] 

%W   SttdfUtUre   Quintipartite  made  the  First  daj  of 
July     Anno  Doin  1676  And  in  the  eight   and  twentieth 
yeare  of  the  Reigne  of  our  Soveraigne  Lord  King  Charles 
the  second  over   England   &c''  ^tc*  Betweene  S""  George 
Carterett  of  Saltrum  in  the  County  of  Devon  Knight  and 
Barronett  and  one  of  his  Majesties  most  Honorable  Privy 
Councell  of   the   first   part    William  Penn  of   Riekmans- 
worth  in  the  County  of  Hertford  Esq  of  the  second   part 
Gawen    Lawry .  of   London    Merchant   of    the   third    part 
I^icholas  Lucas  of  Hertford  in  the  County  of   Hertford 
Maulster  of  the  fourth  part  and  Edward  Billinge  of  West, 
minster  in  the  County  of  Middlesex  Gent'  of  the  fifth  part 
A\  hereas  our  said  Soveraigne  Lord  the  Kings  Majesty  In 
and  by  his  letters  Patent  under  the  Great  seale  of  England 
beareinge  date  the  twelfth  day  of  March  in  the  sixteenth 
yeare  of  his  said  Majesties  Reigne  for  the  Considerations 
therein  mentioned  Did   o-ive  and   grant  unto  his  dearest 
Brother  James  Duke  of  Yorke  his  heires  and  Assignes  All 
that  part  of  the  niayne  Land  of  Kew  England  beginning  at 
a  certaine  place  called  or  knowne  by  the  name  of  S*^  Croix 
next   adjoyning   to   new   Scotland   in   America  and  from 
thence  extending  along  the  Sea  Coast  to  a  certaine  place 
called  Pemaquie  or  Pemaquid  And  soe  upp  the  River  to 
the  farthest  head  of  the  same  as  it  tendeth  Northwards  And 
extending  from  thence  to  the  River  of  Kimbequin  And 
soe  upwards  to  the  River  Cannada  Northwards  And  also 
all  that  Island  or  Islands  commonly  called  by  the  severall 

1  Difteriug  from  the  boundaries  specified  in  the  conveyance  of  the  Duke  of  York  to 
Sir  George  Carteret,  January  28-29  1674.    Ed. 


20r»  NF.W    JKRSKV    f'OI.oN'lAI.    DO(  I'MKXTS.  [lf»76 

Name  or  Xnines  of  ^Fatowacks  or  Lon^  Tsland  scituate  aii<l 
Itec'ing  towards  the  West  of  Cape  Codd  And  the  narrow 
Higansetts  abutting  upon  the  mayne  land  betweene  the 
two  Rivers  there  commonly  called  or  known  by  the  several 
names  of  Connecticute  and  lludsoiis  River  together  also 
M'ith  the  said  River  called  Hudsons  River  And  all  the 
Land  from  the  West  syde  of  Connectecute  River  to  the 
East  syde  of  DelaWare  Bay  And  also  all  those  severall 
Islands  called  or  knowne  by  the  names  of  ^Martins  \'ineyard 
or  Nantucks  otherwyse  Nantukett  Together  with  all  the 
Lands  Islands  Soyles  Rivers  Harbours  ^fines  ^fineralls 
Qnaryes  Woods  ^Marshes  AVaters  Lakes  Fishings  Hawke- 
ings  Hunteing  and  Fowleing  And  all  other  Royaltyes 
pnjffitts  commodityes  and  hereditaments  to  the  said  sev- 
erall Islands  Lands  and  premisses  belonging  and  appertein- 
ing  with  their  and  every  their  appurtenances  And  all  his 
said  Majestyes  Estate  Right  Title  and  Interest  Benefitt 
advantage  Clay  me  and  demand  of  in  or  to  the  said  Lands 
and  premises  or  any  part  thereof  And  the  Revertion  and 
Revertions  Remaynder  and  Remay'ders  together  with  the 
vearely  and  other  Rents  Revenues  and  profitts  of  all  and 
singular  the  said  ])remisses  and  every  part  and  parcell 
thereof  To  Have  and  to  Hold  unto  his  said  Majestyes  said 
Deare  Brother  the  said  James  Duke  of  yorke  his  heires 
and  Assignes  for  ever  to  be  holden  of  the  Kings  Majesty 
his  heires  and  Successors  as  of  his  Majestyes  Mannor  of 
East  (xreenwyeh  in  his  Majestyes  County  of  Kent  in  Free 
and  Common  Soccage  and  not  in  Capite  or  by  Knights 
Service  undei-  the  yearely  Rent  of  foui'ty  Beavour  Skynns 
to  1>e  paid  unto  his  said  Majesty  his  heires  and  Successors 
when  they  shall  be  demanded  or  within  Ninety  dayes  after 
As  by  the  said  letters  Patent  relation  beeing  thereto  had  it 
nuiy  appeare  In  and  by  which  said  letters  Patent  His  said 
Majesty  did  lykewyse  drive  and  Grant  unttj  his  said  Dearest 
Brother  the  said  James  Duke  of  yorke  his  heires  deputyes 
Agents  Commissioners  and  Assignes  full  and  absolute 
power  and  Authority  for  the  correcting  punishing  pardone- 


1676]  QUINTIPARTITE    DEED.  207 

ing  Governeing  and  Ruleing  such  of  the  subjects  of  his 
said  Majesty  and  of  his  heires  and  Successors  as  shall  at 
any  tyme  adventure  themselves  into  any  the  said  parts  ui- 
places  or  inhabite  there  according  to  such  Lawes  orders 
ordinances  directions  and  instructions  As  by  his  said  Majes- 
tyes  said  Dearest  Brother  or  his  Assignes  shall  be  estab- 
lished And  in  defect  thereof  in  Cases  of  necessity  accord- 
ing to  the  Good  Discretions  of  his  Deputyes  Commis- 
sioners officers  or  Assignes  respectively  aswell  in  all  Causes 
and  Matters  eapitall  and  criminall  as  civill  both  Marine 
and  others  in  such  manner  and  under  such  restrictions  as  is 
therein  specifyed  And  to  Doe  exercise  and  execute  all  and 
every  other  the  Powers  and  Authorityes  therein  mentioned 
as  by  the  same  letters  Patent  and  the  severall  Powers  and 
Authorities  thereby  given  and  granted  and  therein  specified 
it  doth  and  may  appeare  And  Whereas  in  and  by  two 
severall  Indentures  the  one  beeing  and  Indenture  of  Bar- 
gaine  and  Sale  for  the  Terme  one  whole  yeare  and  beareing 
Date  the  three  and  twentieth  day  of  June  Anno  Dom^  one 
thousand  six  hundred  sixty  and  foui'  And  the  other  beeing 
an  Indenture  of  Grant  Release  or  Confirmation  and  beare- 
ing date  the  four  and  twentieth  day  of  the  same  month  of 
June  Anno  Dora''  one  thousand  six  hundred  sixty  and  four 
And  both  of  them  made  Betweene  his  Majestyes  said  dearest 
Brother  the  said  James  Duke  of  Yorke  By  the  name  of  his 
Royall  Highness  James  Duke  of  Yorke  and  Albany  Earle 
of  Ulster  Lord  High  Admirall  of  England  and  Ireland 
Constable  of  Dover  Castle  Lord  Warden  of  the  Cinque 
Ports  and  Governour  of  Portsmouth  of  the  one  part  And 
John  Lord  Berkeley  Baron  of  Stratton  and  one  of  his 
Majesty's  most  Honorable  Privy  Councell  and  the  said  S'' 
George  Carterett  of  the  other  part  And  by  other  good  and 
sufficient  conveyances  and  assurances  in  the  Law  duly  exe- 
cuted recyteing  the  said  letters  Patent  herein  before  recyted 
And  the  severall  and  respective  premisses  thereby  granted 
His  said  Royall  Highness  the  said  James  Duke  of  Yorke 
for  the  considerations  therein  mentioned  Did  Grant  convey 


20Ss  XKW    JEKSF.Y    (oI.OXIAI.    DO^^^[F.XTS.  [1076 

and  assure  unto  the  said  rlohii  Lord  Berkeley  and  S*"  George 
C'arterett  tlieir  lieires  and  Assio;nes  forever  All  tliat  Traet 
of  Land  adjacent  toXew  England  and  lyeing  and  beeingto 
the  westward  of  Long  Island  and  Maidiitas  Island  (part  of 
the  said  inaine  land  of  Xew  England  beginning  at  S'  Croix 
mentioned  to  be  granted  to  his  said  Koyall  Highness  by  the 
said  therein  and  herein  before  recyted  letters  Patemt) 
bounded  on  the  East  ))art  by  the  mayne  sea  and  ])art  by 
Iludsons  Kiver  And  hath  upon  the  West  DelaWari*  Bay  or 
River  And  extendeth  Soutward  to  the  Mayne  Ocean  as  farr 
as  Ca])e  May  at  the  mouth  of  DelaWare  Bay  And  to  the 
Northwai'd  as  far  as  the  Northermost  P)ranch  of  the  said 
Bay  or  River  of  DelaAVai'e  which  is  in  forty  one  Degrees 
and  foi'ty  minutes  of  Latitude  Aiul  crosseth  over  thence  in 
a  Straight  Line  to  Iludsons  River  in  forty  one  Degrees  of 
Latitude  which  said  Tract  of  Land  was  there  after  to  be 
called  by  the  name  or  names  of  New  Caesaria  or  New  Jer- 
sey And  also  all  Rivers  Mynes  Mineralls  Woods  Fishing 
Hawkeings  Hunteings  and  Fowleings  And  all  other  Royal- 
tyes  prolitts  Commodity es  and  Hereditaments  whatsoever 
to  the  said  Lands  and  ])remisses  belonging  or  in  an3'  wyse 
apperteineing  with  their  and  every  of  their  appurten- 
ances in  as  full  and  ample  manner  as  the  same  was  or  were 
uranted  to  his  said  Royall  Highness  the  said  Duke  of 
Vorke  in  and  by  the  said  therein  and  herein  before  recyted 
letters  Patent  And  all  the  Estate  Right  Title  Interest  Ben- 
etitt  advantage  Clame  and  Demand  of  the  said  James 
Duke  of  Yorke  of  in  or  to  the  said  Laiuls  and  premises  or 
any  part  or  parcell  thereof  And  the  Revertion  and  Rever- 
tions  Reuuiynder  and  Remaynders  thereof  luHave  and 
Tu  Hold  unto  the  said  John  Lord  Berkley  and  8''  George 
Carterett  their  heires  and  Assignes  forever  under  the  yearely 
Rent  or  summe  of  Twenty  Nobles  payal)le  unto  his  said 
Royall  Highness  the  said  James  Duke  of  Vorke  in  manner 
as  the  same  is  reserved  therein  to  be  paid  As  in  and  by  the 
said  last  recyted  Indentures  and  Conveyances  Relation  bee- 
ing  thereto  had  it  may  appeare    And  AMiereas  In  and  by 


1676]  QUINTIPARTITE    DEED.  209 

one  certaiiie  Indenture  of  Bargaine  and  Sale  dated  the 
eighteenth  day  of  March  Anno  Dom  one  thousand  six  hun- 
dred seventy  and  three  And  in  the  six  and  twentieth  yeare 
of  his  said  now  Majestj'es  Reigne  made  betweene  the  said 
John  Lord  Berkeley  of  the  one  part  And  John  Fenwick  of 
Binfield  in  the  County  of  Berks  Esq""  of  the  other  part 
And  duley  enrolled  in  his  Majestyes  high  Court  of  Chan- 
eery  in  England  reeyting  the  said  herein  before  recyted 
letters  Patent  Indentures  and  Conveyances  The  said  John 
Lord  Berkeley  for  and  in  Consideration  of  the  sumnie  of 
one  thousand  pounds  therein  mentioned  to  have  beene  paid 
unto  him  by  the  said  John  Fenwyck  and  for  other  the  con- 
siderations therein  mentioned  Did  grant  Bargaine  sell  and 
convey  nnto  the  said  John  Fenwyck  his  heires  and  Assignes 
All  That  the  moyety  or  halfe  part  of  him  the  said  Johii 
Lord  Berkeley  of  and  in  the  said  Tract  of  Land  and  prem- 
ises soe  to  be  or  there  called  by  the  names  of  New  Cae- 
saria  or  New  Jersey  and  also  all  that  his  moyety  or  half  part 
of  all  Rivers  Riveletts  Mynes  Mineral  Is  Quarries  Woods 
Fishings  Hawkeings  Ininteings  Fowleings  And  all  other 
Royaltyes  Prolitts  Forts  Franchises  Libertyes  Governments 
Powers  Priviledges  commodityes  Hereditaments  and  Im- 
munityes  whatsoever  to  the  said  Lands  and  premisses  be- 
longing with  their  and  ever)'  of  their  appurtenances  in  as 
full  ample  and  beneficiall  manner  to  all  intents  and  pur- 
poses as  the  same  was  granted  to  the  said  John  Lord  Berk- 
eley and  the  said  8""  George  Carterett  theii-  heires  and 
Assignes  by  his  said  Royall  Highness  the  said  James  Duke 
of  Yorke  And  all  the  Estate  Right  Title  Interest  Benefitt 
Property  Clayme  and  Demand  whatsoever  of  him  the  said 
John  Lord  Berkeley  of  in  or  to  the  said  Moj^ety  or  halfe  part 
of  the  said  Lands  and  premisses  or  any  jjart  or  parcel  1 
thereof  by  force  virtue  or  meanes  of  the  said  therein  and 
herein  before  recyted  letters  Patent  and  conveyances  or 
either  or  any  of  them  or  otherwyse  howsoever  And  the 
Revertion  and  Revertions  Remaynder  and  Remaynders 
of   the   same     To    Have    and  to    Hold  unto  the  said 


2in         NEW  JERREY  COLONIAL  DOCUMENTS.       [1676 

John  Fenwjck  his  heiies  and  Assignes  forever  to  the 
only  use  and  behoofe  of  tlie  said  John  Fenwjck  his 
heires  and  Assignes  forever  as  hy  tlie  said  la^st  recyted 
Indentures  of  Bargainc  and  Sale  relation  being  thereto 
had  it  may  appeare  Aud  Whei'eas  in  and  by  two 
other  Indentures  Thh  one  being  an  Indenture  of  Bar- 
gaine  and  sale  for  the  Teriiie  of  one  whole  yeare  and  bear- 
ing date  the  ninth  day  <»f  February  which  was  in  the  yeare 
of  our  J>ord  (lod  one  thousand  six  hundred  seaventy 
and  four  and  made  betweene  the  said  -lohn  Fenwyok  and 
Edward  Billinge  of  the  one  part  And  the  said  William 
Penn  Gawen  Lawry  and  Nicholas  Lucas  of  the  other  part 
And  the  other  being  an  Indenture  Tri])artite  of  Grant 
Release  or  Contirniation  beareing  date  the  tenth  day  of  the 
same  Month  of  February  Anno  Dom*  one  thousand  six 
hundred  seaventy  and  four  And  made  betweene  the  said 
John  Fenwyck  of  the  first  part  The  said  Edward  Billinge 
of  the  second  part  And  the  said  William  Penn  Gawen 
Lawry  and  Nicholas  Lucas  of  the  third  part  And  by  se\  erall 
other  good  and  sufficient  conveyances  and  assurances  in  the 
Law  duely  executed  The  said  Moyety  or  halfe  part  of  the 
said  Tract  of  Land  And  the  said  moyety  or  halfe  part  of 
all  and  every  other  the  said  severall  and  respective  prem- 
isses soe  conveyed  unto  the  said  Jcthn  Fenwyck  as  afore- 
said whith  all  and  every  the  Kights  Members  and  appur- 
tenances of  the  same  were  conveyed  unto  and  remayne  now 
vested  in  the  said  William  Penn  Gawen  Lawry  and  Nicho- 
las Lucas  and  their*  heires  to  the  use  of  them  and  of  their 
heires  and  Assignes  forever  (In  which  nevertheless  the  said 
Edward  Billinge  claymeth  to  have  e(iuitable  Interest)  soe 
as  the  said  William  Penn  Gawen  Lawry  and  Nicholas 
Lucas  doe  now  actually  stand  seized  of  and  in  one  undivided 
moyety  or  lialfe  part  of  all  and  every  the  said  ])remisses 
soe  granted  unto  the  said  John  Lord  Beikeley  and  S"" 
George  (Jarterett  as  aforesaid  as  .K)ynteuants  betweene 
tlicmselves  and  doe  now  hold  the  same  to  them  and  their 
lieires  as  Tennants  in   Common  with  the  said  8""  Georg([i 


1676]  QUINTIPARTITE    DEED.  211 

Carterett  who  is  now  actiiallj  seized  of  the  other  undivided 
moyetj  or  halfe  part  of  all  and  every  the  same  premisses 
and  doth  now  hold  the  Same  to  him  and  his  heires  as  Ten- 
ant in  Common  with  the  said  William  Penn  Gowen  Lawrj 
and  Nicholas  Lucas  And  Whereas  They  the  said  S""  (leorge 
Carterett  William  Penn  Gawen  Lawrey  Nicholas  Lucas  and 
Edward  Billinge  have  agreed  to  make  a  partition  betweene 
them  of  the  said  Tract  of  Land  and  of  the  said  severall  and 
respective  premisses  whereof  they  now  stand  soe  seized  as 
Tenants  in  Common  as  aforesaid  And  it  hath  been  agreed 
betweene  them  that  the  said  S*"  George  Carterett  shall  have 
for  his  share  and  Part  of  the  said  Tract  of  Land  and  of  the 
said  severall  and  Respective  premisses  to  be  liolden  by  him 
the  said  S*"  George  Carterett  his  heires  and  Assigiies  for- 
ever in  Severallty  as  his  full  and  e([uall  part  share  and 
proportion  Tract  of  Land  and  of  all  and  every  the  said 
severall  and  respective  premisses  and  to  be  from  henceforth 
called  knowne  and  distinguished  by  the  name  of  East  New 
Jersey  All  that  Easternely  Part  share  and  Portion  of  the 
said  Tract  of  Land  and  premisses  lyeing  on  the  East  syde 
and  Eastward  of  a  straight  and  direct  Lyne  drawn  through 
the  said  premisses  from  North  to  South  for  the  divideing 
and  makeing  a  partition  or  separation  of  the  said  Easternly 
part  share  and  portion  from  the  Westerly  part  share 
and  portion  of  the  same  Tract  of  Land  and  premises 
as  is  herein  after  particularly  described  And  that  the 
said  William  Penn  Gawen  Lawry  and  Nicholas  Lucas 
shall  have  their  share  and  Part  of  the  said  Tract  of  Land 
and  of  the  said  severall  and  respective  premisses  to  be 
holden  by  them  the  said  William  Penn  Gawen  Lawrey  and 
Nicholas  Lucas  their  heirs  and  Assignes  in  severallty  as 
their  full  and  equall  part  share  and  proportion  of  the  said 
Tract  of  Land  and  of  all  and  every  the  said  severall  and 
respective  premisses  subject  to  the  same  Trust  for  the  bene- 
iitt  of  the  said  Edward  Billinge  as  the  said  undivided 
moyety  was  subject  And  to  from  henceforth  called  knowne 
and  distinguished  by  the  name  of  West  New  Jersey  All 


212  NEW   JERSEY   COLONIAL    DOCUMENTS.  [1676 

that  We.sternly  Part  share  and  )>(>rtioii  of  tlie  said  Tract  of 
Land  and  premisses  lyeiii»;  on  the  West  syde  and  Westward 
of  tlie  aforesaid  straiglit  and  direct  Lyne  drawne  throiit^h 
the  said  preraissess  from  Xc)rth  to  South  as  aforesaid  as  is 
hereafter  also  perticularly  desccrihed  Now  theis  presehl^s 
VVitne.SS  That  in  persuance  and  ])erformance  of  tlie  said 
before  reeyted  Agreement  And  for  the  better  perfecting  of 
the  said  Partiti<)n  soe  agreed  to  be  made  as  aforesaid  And 
for  and  in  consideration  of  live  shillings  to  them  the  said 
William  Penn  (lawen  Lawry  Xicholas  Lucas  and  Edward 
P>ininge  in  hand  paid  by  the  said  S""  (4eorge  Carterett  the 
receipt  whereof  they  doe  hereby  respectively  acknowledge 
The  said  Edward  Pillinge  and  they  the  said  AVilliam  Penn 
Gawen  Lawry  and  JS^icholas  Lucas  by  and  with  the  consent 
direction  and  appointment  of  the  said  Edward  Billinge 
testified  by  his  beeing  a  Party  hereunto  and  by  his  sealeing 
and  executing  of  theis  presents  Hsive  and  each  of  them 
liatli  bargained  sold  Peleased  confirmed  and  conveyed  And 
])oe  and  each  of  them  d(»th  J3argaine  sell  Release  confirme 
and  convey  unto  the  said  S""  (ieorge  Carterett  his  hcires 
and  Assiijnes  fore\er  All  that  Eastci'idv  Part  share  and 
Portion  vVnd  all  those  Easternly  Parts  Shares  and  i*ortif)ns 
of  the  said  Tract  of  Land  and  [)remisses  soe  granted  and 
conveyed  by  his  said  Ilovall  Iligness  the  said  James  Duke 
of  Yorke  unto  the  said  John  Lord  Perkeley  and  S""  George 
Carterett  as  aforesaid  extending  Eastward  and  Northward 
alouir  the  Sea  Coast  and  the  said  Kiver  called  Iludsous 
River  from  the  east  syde  of  a  certaine  Place  or  Harbour 
lyeing  on  the  Southern  part  of  the  same  Tract  of  Land  and 
commonly  called  or  knowne  in  a  nuip|>  of  the  said  Tract  of 
Land  by  the  name  of  Little  Egge  Harbour  to  that  part  of 
the  said  Kiver  called  JIudsons  Piver  which  is  in  forty 
one  degrees  of  Latitude  beeing  the  farther  most  part  of  the 
said  Tract  of  Land  and  ])remisses  which  is  bounded  by  the 
said  River  Aiul  cntssing  ovei-  from  thence  in  a  Straight 
Lyne  extending  from  that  part  of  Iludsons  River  aforesaid 
to  the  Nothermost  Bi-anch  or  ])art  of  the  before  mentioned 


1676]  QUINTIPARTITE    DERD.  213 

River  called  DelaWare  River  and  to  the  most  Notherly 
poynt  or  Boundnary  of  the  said  Tract  of  Land  and  prem- 
isses soe  granted  by  liis  said  Royall  Highness  James  Duke 
of  Yorke  nnto  the  Lord  Bei-keley  and  S''  George  Carterett 
Now  by  the  consent  and  Agreement  of  the  said  partyes  to 
theis  presents  called  and  agreed  to  be  called  the  JN^orth 
Partition  Poynt  And  from  thence  That  is  to  say  from  the 
said  North  Partition  poynt  extending  Southward  by  a' 
straight  and  direct  Line  drawne  from  the  said  Nortli  Parti- 
tion Poynt  Southward  throngli  the  said  Tract  of  Land  nnto 
the  most  Southwardly  poynt  of  the  East  syde  of  Little 
Egge  Harbour  aforesaid  which  said  most  Southwardly 
poynt  of  the  East  syde  of  Little  Egge  Harbour  is  now  by 
the  consent  and  Agreement  of  the  said  parties  tQ  theis 
presents  called  and  agreed  to  be  from  henceforth  called 
The  Soutli  Partition  Poynt  And  which  said  Straight  and 
direct  Lyne  drawn  from  the  said  North  Partition  Poynt 
throuo;li  the  said  Tract  of  Land  nnto  the  said  South  Parti- 
tion  Point  is  now  by  the  consent  and  agreement  of  the 
said  partyes  to  their  presents  called  and  agreed  to  be 
called  The  Lyne  of  Partition  M'hich  is  the  Lyne  herein 
before  mentioned  to  be  intended  by  the  said  consent  and 
agreement  of  the  said  partyes  to  theis  presents  for  the 
divideing  and  makeing  a  Partition  or  separation  of  the 
said  Easternly  Part  sluire  and  Portion  frfuii  the  Westernly 
Part  Share  and  portion  of  the  said  Tract  of  Land  and  prem- 
isses soe  conveyed  by  his  said  Royall  Highness  as  afore- 
said in  and  by  theis  presents  intended  to  be  baigained  sold 
and  conveyed  b.y  the  said  S""  George  Carterett  nnto  the  said 
William  Penn  Gawen  Lawry  and  Nicholas  Lucas  And  All 
and  ever}'  the  Lsles  Islands  Rivers  Mynes  Mineralls  Woods 
Fishings  Hawkeings  Hunteings  and  Fowleings  And  all 
other  Royaltyes  Government  Powers  Forts  Franchises 
Harbours  Profitts  Commodityes  and  hereditaments  whatso- 
ever unto  the  said  Easteridy  Part  Share  and  Portion  of  the 
said  Tract  of  Land  and  pi'emisses  belongeing  or  in  anywyse 
apperteineing  with  theii-  and  every  of  their  appurtenances 


214  NEW   JERSEY   COT.OXtAT-    nooUMEXT?.  flOTC 

And  all  the  P^state  Right  Title  Interest  Benetitt  Advantage 
Claviue  and  Di'iuand  whatsoever  asweil  in  Law  as  in 
eqnity  of  them  tiie  said  Edward  Billing^  William  Penn 
Gawen  J^awry  and  Nicholas  Lncas  and  of  each  and  every 
of  them  of  in  unto  and  out  of  the  said  Easternly  Part  Share 
and  Portion  Eastendy  Parts  Shares  and  Portions  of  the 
said  Tract  of  Land  and  premises  and  of  in  unto  and  out  of 
every  part  and  parcell  of  the  same  And  the  Revertion  and 
Revertions  Remaynder  and  Remaynders  oi  the  same  and 
of  every  part  and  parcell  of  the  same  And  all  Rents  Duties 
and  Services  reserved  upon  any  estates  or  grants  heretofore 
made  or  granted  by  the  said  Lord  Berkeley  and  S"^  George 
Carterett  or  by  any  person  claymeing  any  Estate  Interest 
or  Autliurity  fi'om  by  or  under  them  ov  eithei-  uf  them  of 
any  part  of  the  premisses  hereby  conveyed  to  the  said  S"" 
George  Carterett  which  said  Rents  Dutyes  and  services 
reserved  upon  which  said  estates  and  grants  made  of  any 
part  of  the  premisses  hereby  conveyed  to  tlie  said  S""  George 
Carterett  sliall  be  tVom  henceforth  due  and  payable  unto 
the  said  S''  George  Carterett  and  his  lieires  of  whom  all 
such  Estates  soe  made  and  gi-anted  as  aforesaid  are  to  be 
from  lienceforth  holden  accordiii":  to  the  true  Intent  of 
theis  presents  Which  said  easternly  Part  Slmre  and  Portion 
Parts  Shares  and  Portions  of  the  said  Tract  of  Land  and 
premisses  is  now  by  the  consent  and  agreement  of  the  said 
partyes  to  theis  presents  called  and  agreed  from  lienceforth 
to  be  called  by  the  name  of  East  New  Jei-sey  And  is  all 
that  and  6nly  all  that  Part  share  and  Portion  of  the  said 
Tract  of  Land  and  premisses  so  conveyed  by  liissaid  Royall 
Highness  as  aforesaid  as  lyeth  extended  Eastward  fi'om  the 
East  syde  of  the  said  Lyne  of  Pai'tition  before  mentioned 
To  Have  and  To  Hold  unto  the  said  S""  George  Car- 
terett his  heires  and  Assignes  in  severalty  to  the  sole  and 
only  use  of  the  said  S""  George  Carterett  And  of  liis  heires 
and  Assignes  forever  And  each  of  them  the  said  William 
Penn  Gawe.n  Lawry  Nicholas  Lucas  and  Edward  Billinge 
for  himself  severally  and  i-espectively  and  for  his  several! 


1676]  QUTNTIPARTTTF.    DEKD.  21o 

and  respective  lieii'es  executors  and  Administrators  and  for 
his  severall  and  respective  owne  Acts  only  And  not  joyntly 
nor  the  one  for  the  other  or  for  the  heires  Executors 
Administrators  or  Acts  of  tlie  otlier  Doth  Covenant  Grant 
and  agree  to  and  with  the  said  S""  George  Garterett  his 
heires  and  Assignes  l)y  tlieis  presents  That  he  liath  not  at 
any  tyme  heretofore  done  or  suffred  any  act  matter  or 
thing  whatsoever  whereby  or  by  reason  whereof  The  said 
premisses  hereby  Bargained  sohi  Released  confirmed  or 
conveyed  by  the  said  Edward  Billinge  William  Penn 
Gawen  LaNvry  and  Nicholas  Lucas  unto  the  said  S""  George 
Carterett  or  herein  or  hereby  meant  mentioned  or  intended 
soe  to  be  or  an}'  part  or  pai'cell  of  the  same  is  are  shall  or 
may  be  any  wayes  charged  burthened  or  incumbred  in 
Title  Charge  estate  or  otherwyse  howsoever  other  than 
such  Arrears  (if  any  be)  which  now  at  the  day  of  the  date 
of  theis  presents  are  due  and  unpaid  upon  any  the  reserva- 
tions conteyned  in  the  said  herein  before  recyted  letters 
Patent  and  herein  before  recyted  Conveyances  herein 
before  recyted  to  have  beene  made  by  his  said  Royall 
Highness  the  said  Duke  of  Yorke  or  either  or  any  of  them 
And  theis  presents  farther  Witness  That  in  farther  pur- 
suance and  performance  of  the  said  herein  before  recyted 
Agreement  And  for  the  farther  perfecting  of  the  said  parti- 
tion soe  agreed  to  be  hade  as  aforesaid  And  for  and  in 
Consideration  of  five  shillings  to  him  the  said  S*"  George 
Cartergtt  in  hand  paid  by  the  said  William  Penn  Gawen 
L^wry  and  Nicholas  Lucas  the  receipt  whereof  he  doth 
doth  hereby  acknowledge  He  the  said  S""  George  Carterett 
Hath  Bargained  sold  Released  confirmed  and  conveyed 
And  doth  hy  theis  presents  Bargaine  sell  Release  confiime 
and  convey  unto  the  said  William  Penn  Gawen  Lawry  and 
Nicholas  Lucas  and  to  their  heires  and  Assignes  forever 
All  that  Westernly  Part  Share  and  Portion  And  all  that 
and  those  other  Part  and  Parts  Share  and  Shares  Portion 
and  Portions  of  the  said  Tract  of  Land  and  premisses  soe 
granted  by  his  said  Royall  Highness  the  said  James  Duke 


216  NEW    JERSEY    COLONIAL    DOCtMEN'TS.  [1676 

of  Yorke  iiiito  tlie  said  John  Loi-d  Berkeley  and  S''  (reorge 
Cai-terett  as  aforesaid  And  whioli  said  VVesternly  part 
Share  and  Portion  and  wliioli  said  other  parts  shares  and 
Portion  is  and  are  extending  Southward  and  Westward 
and  Northward  along  the  sea  Coast  and  the  before  nien- 
'tiolied  Bay  and  liivcr  commonly  called  or  known  by  the 
name  <»r  names  of  DelaWare   Bay   and    DelaWare   River 

■  from  the  said  South  Partition  poynt  before  mentioned  to 

■  be  on  the  East  side  of  Little  Egge  Harbour  unto  the  said 
'North  Partition  poynt  herein  betV)re  intMitioiied  to  be  on 
'■■•'fhe  before  mentioned  Nothermost  Branch  oi'  l^art  (»f  Dela- 
*-Ware  River  aforesaid  And  from  thence  that  is  to  say  from 
'■•"the  said  North  pai-lition  Poynt  extending  Southward  unto 
"  the  said  South  Partition  Poynt  before  mentioned  By  the 
''  said  l)efore  mentioned  straight  and  direct  Eyne  called  the 
'  "  Lyne  of  J^artition  drawn  througii  the  said  Tract  of  Land 
'' from  the  said  North  Partition  Poynt  unto  the  said  South 

*  Partition  Poynt  by  the  consent  and  agreement  before 
^'mentioned  intended  for  the  divideingand  makeing  a  parti- 
'  • '  tion  <J1'  sejKiration  of  the   said  Westernly  part  share  and 

•  portion  from  the  })efore  mentioned  Easternly  Part  Share 
and  P(»i-ti(»n  of  the  said  Tract  of  Land  and  premisses  soe 
conveyed  by  his  said   lioyall    lliglmess  as   aforesaid    And 

■'■•herein  before  bargained  sold  and  conveyed  by  the  said 
•'  William  Penn  Gawen  Lawry  Nicholas  Lucas  and  Edward 
liilliMge  unto  the  said  S""  (jre(»rge  Carterett  as  aforesaid  And 
'  all  and  everi-y  the  Isles  Islands  Rivers  Mynes  Myneralls 
Woods  Fishings  hawkeings  Ilunteings  and  Fowleings'And 
all  other  Royaltyes  (ictverments  Powei's  Forts  Franchises 
llarbonrs  Profitts  Commodityes  and  Hereditaments  what- 
soever unto  the  said  Westernly  part  share  and  Portion  of 
the  said  Ti'act  of  Land  and  premisses  hereby  bargained  by 
the  said  S""  (reorge  Carterett  belonging  or  any  ways  apper- 
teining  with  their  and  everey  of  their  ai)purtenances  And 
all  the  Estate  Right  Title  interest  Heiietitt  advantage 
Clame  and  demand  whatsoever  as  well  in  Law  as  in  Ecjuity 
of  him  the  said  S""  George  Carterett  of  in  unto  and  out  of 


16T6]  QUINTIPARTITE    DEED.  2lT 

the  same  and  of  in  unto  and  out  out  of  every  part  and 
parcell  of  the  same  together  with  the  Revertion  and 
Revertions  Remaynder  and  remaynders  of  the  same  and  of 
every  part  and  parcell  of  the  same  And  all  Rents  Dutyes 
and  and  services  reserved  upon  any  estates  or  grants  here- 
tofore made  or  granted  by  the  said  Lord  Berkley  and  S"" 
George  Carterett  or  either  of  them  of  any  part  or  parts  of 
the  said  premisses  hereby  conveyed  to  the  said  William 
Penn  (lawen  Lawry  and  Nicholas  Lucas  or  herein  or  hereby 
mentioned  or  intended  soe  to  be  All  which  said  Westernly 
part  share  and  Portion  Parts  shares  and  Portions  of  the 
said  Tract  of  Land  and  premisses  are  now"  l)y  the  consent 
and  Agreement  of  the  said  partyes  to  theis  presents  called 
and  agreed  from  henceforth  to  be  called  by  the  name  West 
New  Jersey  And  is  all  that  and  only  all  that  Part  Share 
and  portion  and  All  those  parts  shares  and  portions  of  the 
said  Tract  of  Land  and  premisses  soe  conveyed  by  his  said 
Royall  Highness  as  aforesaid  aslyeth  extended  Westward 
or  Southward  from  the  west  syde  of  the  said  Lyne  of 
Partition  before  mentioned  To  Have  and  To  nold  unto 
the  said  William  Penn  Gawen  Lawry  and  Nicholas  Lucas 
their  heires  and  Assignes  in  severalty  to  the  only  use  of 
the  said  William  Penn  Gawen  Lawry  and  Nicholas  Lucas 
and  of  their  heires  and  Assignes  forever  And  The  said 
S''  George  Carterett  for  him  liis  heires  Executors  and 
Administrators  doth  by  these  presents  Covenant  Gi-ant  and 
agree  to  and  with  the  said  William  Penn  his  heires  and 
Assignes  And  also  to  and  with  the  said  Gawen  l^awry  his 
heires  and  Assignes  And  Lykewyse  to  and  with  the  said 
Nicholas  Lucas  his  heires  and  Assignes  And  also  to  and 
with  the  said  Edward  Pillinge  his  heires  and  Assignes  That 
he  the  said  S""  George  Cai'terett  hath  not  at  any  tyme  here- 
tofore done  or  suffred  any  act  matter  or  thing  whatsoever 
whereby  or  by  reason  whereof  tlie  said  premisses  hereby 
bargained  sold  Released  confirmed  or  conveyed  by  liim  the 
said  &•■  George  Carterett  unto  the  said  William  Penn 
Gawen   Lawry   and  Nicholas  Lucas  or  herein  or  hereby 


2l.*>  NEW    .TFR>F.Y    roI.ONTAI.    DOf  rMFNTS.  |  l^TO 

meant  inentiuiied  or  liiteiuled  sot-  ti>  be  or  anv  part  oi"  par- 
cell  (jf  the  t^aiiie  is  are  fsliall  or  iiiav  be  any  ways  changed 
biirthened  or  Tneuiiibred  in  Title  Charge  Estate  or  other- 
wise liowsoever  other  tiien  such  arrears  (if  any  be)  whidi 
now  at  the  day  of  tlie  date  of  tlieis  presents  are  due  and 
unpaid  upon  any  the  Reservations  conteyned  in  tlie  said 
lierein  before  recyted  letters  Patent  and  herein  before 
i-ecyted  conveyances  herein  before  recyted  to  have  beene 
made  by  his  said  Royall  Highness  the  said  Duke  of  Vorke 
or  eitlier  or  any  of  them  And  otlier  then  such  Lawful! 
Estates  and  Gi-ants  of  Lands  and  ])lantati(tns  jtarcell  of  the 
said  premisses  as  have  beene  at  any  tyme  heretofore  by 
him  the  said  S''  (ieoruv  either  1)V  himselfe  or  toy:ether  with 
the  said  Lord  Berkeley  or  by  Authority  lawfully  derived 
from  him  or  from  him  and  the  said  Lord  Berkeley  made  or 
granted  to  any  Planter  (jr  Plantei's  now  in  actuall  posseses- 
sion  of  the  same  lands  and  Plantations  .\nd  which  have 
beene  made  and  granted  according  to  the  Rules  and  Lawes 
of  Plantations  now  in  force  in  the  said  Country  under  the 
usuall  and  accustomed  Rents  Dut^-es  and  services  by  the 
said  Rules  and  Lawes  appointed  and  directed  to  be  reserved 
upon  (Grants  of  Lands  and  Plantations  made  and  granted  to 
Planters  seateing  themselves  there  All  and  singuler  which 
said  Rents  dutyes  and  services  reserved  upon  which  said 
Estates  and  (Irants  shall  be  fi-om  henceforth  due  and  paya- 
ble unlo  the  said  William  Penn  (Jawen  Lawry  and  Nicholas 
Lucas  their  heires  and  Assignes  of  whom  all  such  Estates 
soe  made  and  granted  as  aforesaid  Are  to  be  from  hence- 
forth holden  accctrding  to  the  time  intent  of  theis  })resents 
and  of  all  the  respective  pai'ties  hei'eunt(»  And  it  is  hereby 
declared  and  agreed  by  all  the  said  res])ective  partyes  to 
theis  pi-esents  to  be  the  true  Intent  and  meaneing  of  theis 
presents  and  of  all  the  respective  partyes  hereunto  that  the 
aforesaid  Rent  of  twenty  Nobles  herein  before  mentioned 
to  be  reserved  due  and  payable  unto  his  said  Royall  High- 
ness the  said  James  Duke  of  Yorke  and  his  heires  shall 
from   henceforth   be   equally  paid  and   borne  in  manner 


167^]  QtTlNTTPARTlTK   DEPlD.  219 

following  That  is  to  say  one  equall  moyety  or  halfe  part 
thereof  by  the  said  S""  George  Carterett  his  lieires  and 
Assignes  and  be  issueing  out  of  and  charged  and  chargeable 
upon  that  part  and  share  of  the  said  premisses  which  is 
hereby  conveyed  unto  him  the  said  S""  George  Carterett  liis 
heires  and  Assignes  and  the  other  equall  moyety  or  halfe 
part  thereof  by  the  said  William  Penn  Gawen  Lawry  and 
Nicholas  Lucas  their  heires  and  Assignes  and  to  be  issueing 
out  of  and  charged  and  chai'geable  upon  that  part  and 
Share  of  the  said  premisses  which  is  hereby  conveyed  unto 
the  said  William  Penn  Gawen  Lawry  and  Nicholas  Lucas 
their  heires  and  Assignes  In  Witness  whereof  all  the 
said  respective  partyes  to  theis  presents  have  to  each  part 
of  theis  prents  sett  their  respective  hands  and  scales  the 
day  and  yeare  first  above  written 

Pecognit Gawen    Lawry   6"   die 

July  1676  Cora"  Mg'o  in  Can'laria 

Miles  Poole 

G  Carterett  Wm  Penn  Gawen  Lawrie 

[l.  s.]  [l.  s.]  [l.  s.] 

NicHO  Lucas  E.  Byllynge 

[L.   S.l  [L.   S.] 

|0n  the  back.] 

Sealed  and  Delivered  in  the  presence  of 
Hen:  West  James  Bowers  Thomas  Langhorne 

Richard  Langhorne  John  Richardson 


Iiist ructlona from  William  Penn,  (rairen  Lmiyfie^  Kdvmrd 
Byllynge,  JSficholaH  Lututx  (ind  Kdmond  Warner  to 
their  Commissioners  in    \]  <st  Jersey. 

I  From  the  Original  iu  the  New  Jersey  Histoi-ical  Society  Library  .) 

London  the  18*''  6  m°  called  Aiigs*  1^176 
Wee  whose  names  are  beer  under  Subscribed  doe 
giue  full  Power  Com'ision  <k  Authority  unto 


-•20  \KW    .TERf^KY    COLONIAL    DOCUMENTS.  [1676 

James  \\'ase  Kicliard  IIartli<»ni  '   tV:  Kicli''  (iiiy 

ctr    any   two    of    Them    to    act   <k    doe   for   u.s 

Aecordino-  t()  the   folh)\viii£i-  Iiistrnctioiis,  and 

Avee  doe  Ingaire  to   Ratitie  A"   ("ontii'in  wliatno- 

ever  They  shall  doc  in  i^rosecntion  of  the  Same. 

(1)     Wee  desire  you  to  get  a  meeting  w"'  John  tfenwick 

and  y*  Pec^ple  that  wont  w"'  him  (but  wee  wold  n(»t  haue 

you  tell  yonr  business)  until)  you  gett  Them  together.  Then 

shew  6c  read  y''  deed  of  Partition  with  George  Cartwriglit 

alsoe,   the  Transactions  between  William   Penn,  Nicliolas 

Lu<'as,  (iawcn   La\vi-y,  Jolm   Eh-idge  A:   Edniond  Warner, 

and  tluMi   read   (»ur   Letter  to  John  ifenwick  &  y*  rest  and 

shcM'  Jolm  tfenwick   He  hath  noe  Power  to  sell  any  Land 

theer  witiiout  y''    (V)nsent    of   John    Eh-idg  and    Edniond 

Warner 

■  (2)  Know  at  John  Fenwick,  if  Ife  will  be  M'illing  peace- 
ably to  Lett  the  Land  liee  hath  taken  up  of  the  Natives  be 
devided  in  a  100  parts  according  to  our  and  his  Agreement 
in  England ;  Casting  Lotts  for  y^  Same  Wee  being  willing 
tliat  Those  wlK)e  being  Setled  and  haue  Cultivated  ground 
now  M'^''  him  shall  Injoy  the  Same  without  being  turned 
out  although  They  fall  into  oiii-  Lott.  alwayes  Provided 
that  wee  be  reand)urst  y*"  Like  vahie  iVr  (juantitie  in  grounds 
out  of  Jo"  ffenwicks  f.otts,  and  wee  are  alsoe  Content  to 
])ay  our  ttii"'  j);ii-ts  of  what  is  paid  to  y*  Natives  for  y*  same, 
And   for  what  James  Wass  hath  purchassed  of  Jo"  tfen- 

1  RkeiarI)  HAiiLsHouNK  caiuo  to  the  pniviin'o  in  September,  1C(!!),  aud  located  him- 
sell'iu  Middlclowu.  Mniiinuutli  County.  Sandy  Hot)k  was  litst  held  uuder  a  siiant  to 
liiiti,  in  1G77.  lU-  wa.s  a  Quaker  liy  profession,  aud  an  arcount  of  the  countiy.  written 
by  Liui  aud  rirculaCed  in  England,  induced  ('ousidei'a)>le  emigration.  A  letter  from 
liim  dated  November  I'^tli,  1675.  is  one  of  a  collection  printed  in  1076.  a  far  .tli/iilif 
copy  of  wbicb  is  in  tbe  New  Jersey  Uistorical  Society  Library.  He  soon  attained 
popularity  in  East  Jersey,  but  did  not  euter  into  public  life  until  early  in  IbS't,  when 
he  was  appointed  one  of  Deputy  (jovernor  Lawrie's  Council.  The  succeeding;  year  he 
was  elected  to  the  (ieneral  Assembly  from  Middletown  ;  was  chosen  Speaker  iu  16*6, 
aud  continued  to  hold  that  position  until  October,  16!):{ :  and,  ajjain,  from  February, 
11196,  to  March,  16!tt*,  when  he  became  one  of  (Jovernor  Basse's  (Jouncil.  He  still  con- 
tinued to  bold  his  .seat  as  a  meiuber  of  the  As.sembly,  and  tilled  both  positions  uutil 
the  surrender  of  the  Government  to  the  Crown.  See  Smith's  "  History  of  New  Jer- 
sey," p.  63;  "East  Jersey  Under  tbe  Proprietary  Governments,  -Jd  Edit.,  pp.  46,  56, 
<ko. :  "Minutes  of  Council.'     Eu. 


1676]  INSTRUCTIONS  TO  W.  JERSEY  COMMISSIONERS.  221 

wick,  and  He  setting  out  y*"  same  nnto  him  not  being  in  a 
Place  to  be  alotted  for  a  Towne  upon  a  River  bnt  att  a 
distance,  <fc  y^  s*^  J°n  ffenwick  allowing  us  Like  value  in 
goodnes  in  some  other  of  "His  Lotts  Wee  are  willing  hee 
shall  possess  y*^  same  from  any  claming  by  or  under  us  And 
for  the  Towne  Lots  wee  are  willing  hee  Enjoy  y*"  same  as 
freely  as  any     .... 

(3)  Take  Liformation  from  S(»me  y^  knoues  y^  sound- 
ings of  y''  River  &  Creeks  and  that  is  aec^uaint  in  y^  Coun. 
ti'y  and  when  James  Wase  is  in  Maryland  hee  may  Inquire 
for  one  Agustin  whoe  as  wee  heare  did  sound  most  part  of 
Deliver  River  &  the  Creeks  He  is  an  able  iSurveyer  See 
to  agree  with  Him  to  goe  with  you  up  the  River  as  farr  as 
over  against  Newcastell  or  further  if  you  can  soe  farr  as  a 
vessell  of  lOO  Tun  can  goe  for  Wee  intend  to  haue  a  way 
cut  Cross  y^  Country  to  Sandy  hook  soe  y*^  further  up  the 
River  y*^  way  will  be  y®  shorter  and  therupon  some  Creek 
or  bay  in  some  halthy  Ground  find  out  a  Place  fitt  to  make 
a  Settlement  for  a  Towne  and  then  goe  to  y^  Indians  and 
agree  w***  Them  for  a  Track  of  Land  about  tlie  said  place 
of  Twenty  or  Thirty  myles  Long  more  or  less  as  yee  see 
meet,  and  as  broad  as  you  see  meet  If  it  be  to  y*^  midle  wee 
care  not  only  Encjuire  if  George  Cartwright  have  not  pui*- 
chased  Some  there  ali'eady  y*^  soe  you  may  not  l)uy  it  over 
again  e 

(4)  Then  Lay  out  four  or  live  Thousand  Akers  for  a 
Towne  and  if  Agustine  will  undertake  to  doe  it  reasonably 
Lett  him  doe  it  for  He  is  the  littest  Man  and  if  He  think 
he  cannot  Survey  soe  much  being  in  the  winter  time  then 
Let  him  Lay  out  y^  less  for  a  Towne  at  present  If  it  be  but 
two  Thousand  Akers  and  let  him  devide  it  in  a  hundred 
parts  &  when  it  is  done  lett  John  ffenwick  if  he  pleas  be 
There  however  lett  him  haue  Notice  but  however  lett 
some  of  you  be  there  to  See  y*^  Lotts  cast  freely  by  one 
Person  y*  is  not  Concerned — The  Lotts  are  from  No  1  to  a 
hundred  and  put  y"  same  nvmbers  of  y''  Lotts  in  the  Parti- 
tion Trees  for  distinction 


222         NEW  JERSEY  COLONIAL  DOCUMENTS.        [1676 

Co)  If  John  ffenwick  and  Those  Concernd  with  hin^i  be 
wiHing  to  J<>yn  witli  you  in  those  Tilings  as  aboue  which 
is  Just  (Sz  faire  then  lie  «>r  any  of  thetn  may  goe  along 
with  yon  in  yo^  biisincs  and  lett  them  jiay  their  Proportion 
r>f  what  is  paid  t(»  y'"  Natives  w"'  other  Charges  and  soe  hee 
and  They  may  despose  of  their  Lotts  with  Consent  of  John 
Elridge  &  Edmond  Warner,  which  Lotts  are  2<> :  21  :  26  : 
27  :  86  :  47  :  oo  :  57  :  63  :  72  :— 

(6)  If  John  ifenwick  and  his  People  refuse  to  lett 
y*  Land  They  have  taken  up  of  y*  Natives  be  devided  <fe 
refuse  to  Joyn  with  you,  you  may  lett  the  Country  know 
in  what  Capasity  John  F'inwick  stands  That  He  liath  noe 
Power  over  y*  Persons  or  Estates  of  any  Man  or  Woman 
more  then  any  other  Person. 

(7)  What  Land  Thow  takes  of  the  Natives  lett  it  be 
taken  in  our  Names  viz  Nynty  parts  for  the  use  of  William 
Penn  Gawen  Lawry  i^  Nicholas  Lucas  and  Ten  parts  for 
.I^n  Eli-adgc  v.V:  Edmond  Warner. — - 

(8)  After  you  liaue  taken  up  land  as  aboue  and  devided 
for  a  Town  or  Sctlment  and  cast  Lotts  for  y*"  same  as  aboue 
Then  If  any  haue  a  mynd  to  buy  one  or  more  Pro]>rietyes 
sell  them  all  two  hundred  .  .  .  j>iece  They  taking 
Their  Lotts  as  others  doe  ])aying  to  you  in  hand  y*"  value  of 
fifty  pound  in  part  of  a  Propriety  ik  y*  rest  on  Sealing 
there  Conveyance  in  London,  and  soe  They  may  presently 
setle  when  anj'  of  the  Lotts  falls  to  us  that  is  to  say  Hee 
y^  buyetli  a  Propriety  may  setle  on  any  one  Lott  of  Nynty 
parts  which  said  persons  y^  buyes  and  what  Lotts  falls  to 
Them  There  They  may  setle  and  acquaint  us  what  Numbers 
they  are  and  If  any  will  take  Land  to  Them  iVr  y""  heires  for 
ever  for  every  Aker  taken  up  in  a  Place  laid  out  for  a 
Towne  According  to  y*  Conqessions  They  are  not  to  haue 
aboue  what  shall  fall  by  Lott  to  a  Propriety  in  a  Towne. 

('.♦)  What  Charges  James  Wase  is  at  by  taking  up  the 
]>and  of  y'  Natives  Wee  doe  obleidge  to  pay  y*  same  unto 
him  again  w"'  what  proffitt  is  usual  there  upon  English 
Goods  A:  he  may     ....     pois  upon  two  lots  one  in 


1676]         INSTRUCTIONS  TO  W.  JERSEY  COMMISSIONERS.  223 

each  Towne  If  they  be  taken  up  before  y^  conies  away  to 
his  own  proper  use  for  his  trouble  &  pains  and  we  doe 
alsoe  Engage  to  alow  it  pay  what  (^barges  any  of  our 
Coniission"  shall  disburst  In  Executing  these  our  Instruc- 
tions to  them  or  their  Assignes. 

(10)  Lett  us  be  advised  by  the  first  Ship  y*^  Cometh  for 
England  of  all  Proceedings  herupon  and  writt  to  the 
Friends  at  Sandy  hook  Leting  them  know  how  things  are 
and  y*  Wee  hauc  devided  with  George  Cartwright  and 
y*^  our  devision  is  all  along  on  Daliuer  River  and  that  Wee 
haue  made  Concessions,  by  o''selves  which  Wee  hope  wnll 
satisfye  Friends  there  If  John  ft'enwick  or  any  of  y^  People 
w***  Him  desire  a  Coppie  of  y*^  deed  of  Partition  let  them 
haue  it 

(11)  Wee  desire  that  our  ( )rigonall  deed  may  be  keept 
in  y""  own  Custodie  that  it  may  be  ready  to  shew  unto 
y*  rest  of  y^  Comission''*  which  we  intend  to  send  over  in 
y*  Spring  wnth  full  Power  for  setling  things  and  to  lay  out 
Land  &  dispose  upon  it,  and  for  the  setling  some  method 
of  Government  according  to  y"  Concessions. — 

(12)  If  you  cannot  get  Agustin  to  goe  w"'  you  or  y^  hee 
be  unreasonable  in  his  demands  then  send  a  Man  to  Thomas 
Bushroods  at  Essex  Lodge  in  Yorke  Biver  for  William 
Elliot  whoe  writt  to  Gaweu  Lawry  this  year  and  ofFord 
himself  to  be  a  Surveyor  and  till  ....  orders  from 
s*^  Lawry  to  send  for  him  and  take  him  w"'  you  Hee  wmII 
be  willing  to  be  there  all  winter  tfc  will  survey  &  doe  other 
things.  He  had  a  good  Plantation  in  Virginia  but  was  not 
able  to  keep  it  He  is  a  fair  Conditioned  Sober  Man  let  him 
stay  y''  all  winter  and  ord'  Him  some  thing  to  Hue  upon 

(13)  If  y*'  said  Elliot  goe  w'*"  you  giue  him  directions 
what  to  doe  if  you  cannot  stay  till  a  place  for  a  Towne  be 
surveyed  yet  we  thinke  you  may  stay  untill  you  have  not 
only  pitched  upon  a  Place  for  a  Towiie  but  alsoe  upon  a 
Place  for  a  second  Towne  &  setlment  and  have  marked  out 
y*  place  round  about  there  and  lett  William  Elliott  devide 
both  which  noc  doubt  but  He  may  doe  before  y'  Spring 


224 


NEW   JERSEY    COLONIAL    DOCUMENTS. 


[1676 


yt  "\;Vee  send  over  more  Coiiioss"  and  People  and  if  J°n 
ffenwick  he  willing  to  goe  on  .loyntly  w"'  you  there  his 
Siirveyer  may  goe  a  long  &  help  ours  &  y*  Charges  shall 
he  brought  in  for  both  proportionahly  on  all.  Mynd  this 
<fe  speak  to  Rich**  Gay  or  Rich**  llartsliorne  (k  leave  ord" 
w**"  Them  to  lett  William  Elliot  have  provisions  for  him- 
self till  S]ii'ing  And  wee  shall  order  Them  satisfaction  for 
y^  same  And  if  there  be  noe  house  neer  y*  Place  you  take 
up  for  y^  Surveyers  to  Lodge  in  Then  let  there  be  a 
(^otadge  built  for  Them  on  y®  Place  and  Wee  will  alow  the 
Charges. 

(14)  And  wheras  there  is  Tackling  their  already  for 
fitting  up  a  Sloop  as  Wee  Judge  in  y^  Custodie  of  Rich* 
Gay  Wee  also  giue  yon  Power  if  you  see  meet  &  y'  it  be 
of  necessary  use  6c  advantage  tor  y*  wholl  Consern  yon  may 
Order  those  ship  Carpent?  to  build  a  Sloop  sntable  for 
those  materials  tfe  apoint  Them  some  provisions  for  y""  food 
ik  for  y^  rest  of  y*^  wages  Thy  shall  either  haue  it  in  a  part 
of  Sloop  Or  be  otherwa3'e8  satisfyed  in  the  Spring  of  y® 
yeare  The  s''  Slooj)  to  be  ordered  vt  disposed  upon  by  yon 
unHll  more  Comiss'?*  come  over  w"'  further  Instructions' — 

(1.5)  if  or  y^  .  .  goods  Wee  have  sent  over  w'''  John 
W^ase,  are  to  be  disposed  npon  for  ])urc]iassing  Land  from 
y^  Natives  or  otherwayes  as  need  is  giveing  us  Acco"  yVif. 


^atHCJti 


/tic/L^ay 


'2^^^^^^^^/ /^%^^^:^ 


1676]  FEJJWtCKE  S  AGREEMENT  WITH  SETTLERS.  225 


First  Agreement  for  Settlement  of  West  New  Jersey. 

[From  Johnson's  "  Historical  Acoonnt  of  the  First  Settlement  of  Salem,"  p.  16.1  1 

The  first  and    general  oi'der,   as    agreed   upon    Ijy 
John  Fenwicke  and  the  first  purchasers. 

We  wliose  names  are  here  subscribed,  do  first  declare,  as 
hereby  is  declared,  that  we  have  been  exposed  to  gi-eat 
hazards,  straits,  dangers  and  cruelties  whilst  at  sea.  John 
X-ord  Berkeley's  deed  being  declared  to  be  left  in  England, 
was  the  cause  of  our  troubles  we  met  witli  there,  and  at 
our  arrival,  when  our  sorrows  were  multiplied,  our  miseries 
increased  tlirough  cruelties  and  oppression  ;  so  that,  as  it 
appeared,  John  Eldrige  and  Edmond  Warner  labored  to 
send  us  away  with  the  shadow,  whilst  they  detained  from 
us  the  substance,  that  should  every  where  preserve  us  and 
our  interest  from  ruin,  even  the  ruin  under  which  we  hith- 
erto groaned,  and  like  to  be  ruined,  having  received  no 
relief  from  England,  neither  can  we  liear  when  to  expect  any  ; 
but  wliolly  left  as  a  people  forsaken  even  forsaken  of  them 
that  pretended  to  take  care  of  us  ;  and  many  of  those  that 
embarked  with  us  in  the  same  undertaking  did  also  desert 
us,  and  disperse  themselves  into  other  countries  ;  so  tliat 
now,  if  we  can  live,  we  may — if  we  cannot,  we  may  die, 
for  the  care  that  has  been  and  is  taken  by  those  men,  as  if 
their  own  interests  were  our  destruction.  But,  blessed  be 
the  God  of  heaven  and  of  earth,  who  hath  showed  us 
mercy,  (to  the  amazement  of  our  enemies  here,  and  so  it 
will  be  also  to  others  in  due  time,)  praised  be  his  name  for 
ever,  he  hath  also  by  his  Spirit  stirred  in  the  hearts  of 
many  good  people  to  pity  us,  and  made  them  willing  to 
come  and  join  with  us,  sitting  down  together  in  this  tract 
of  land,  which  John  Fenwicke,  the  chief  proprietor,  pur- 

1  Mr.  Johnson  not  stating  where  the  origiual  is  to  be  found,  (if  yet  in  existence,) 
the  document  is  here  printed,  as  he  gives  it.  modernized. 


226  NFAV   jersey   COI.OKtAt.   noOUMENTS.  [1076 

chased  of  the  natives  for  liis  eolony.  and  to  satisfy  every  of 
liis  ])iircliasers  by  settiiiij  out  their  tracts  of  land  therein 
aeeordingly.  To  the  end,  therefore,  tliat  the  Lord's  reijuir- 
ings  may  be  answered,  tlic  desires  of  strangers  satisfied,  the 
said  colony  planted,  we  and  our  families  preserved  from 
ruin,  every  pure.luiser  having  his  land  set  out,  the  natives 
neither  pi-ovocated  nor  tem])ted.  but  all  our  lives  preserved 
by  setting  out  and  ])lanting  the  land  as  people  come  to  take 
it  up,  and  so  sitting  down  together  as  i)i  otlier  counti'ies— 
We,  after  many  meetings  and  serious  consultations,  do 
unanimously  agree  and  conclude  upon  the  method  follow- 
ing, which  we,  the  chief  ])urchas(M-s  of  Fenwicke's  colony^ 
and  other  the  purchasers  and  freeholders  residing  within 
the  same,  do  approve  of  and  judge  to  be  most  just,  reason- 
able and  equal ;  and  do  therefoi-e  declare  and  order,  that 
every  purchaser  that  is  resident  shall  forthwith  have  his 
tract  (►f  land  set  out — the  one-half  in  the  liberty  of  Cohan 
zick,  the  other  half  in  the  liberty  of  Allaways,  or  as  the 
chief  propi-ietor  shall  order  the  same  there  or  elsewhere  ; 
the  said  ])ui'chasers  casting  lots  only,  who  shall  begin  and 
succeed  till  their  tracts  be  surveyed  and  set  out;  and  after 
their  tracts  of  land  are  set  forth  and  sui-veyed,  then  in 
order  according  to  the  lots  as  aforesaid,  shall  the  tracts  of 
which  they  are  entrusted  with  be  set  out  and  surveyed  also, 
as  they  conu'  to  sit  down  u])on  and  improve  the  same, 
making  it  first  ap])ear  to  the  chit^f  ])ro])rietor  and  council 
that  they  really  intend  the  same. 

tid.  That  there  shall  be  a  neck  or  two  of  land  set  out  for 
a  town  at  Cohan/.ick,  and  divided  into  two  ])?irts — the  one 
for  the  chief  j)roprietor,  the  other  to  be  set  out  in  town 
lots  for  the  ])urchasers,  which  lots  are  to  be  I'eckoned  as 
part  of  their  purchases.  The  chief  ])roprietor  is  to  settle 
upon  the  town,  {/ratlx,  a  common  of  marsh,  and  to  dispose 
of  his  ])art  for  the  encouraging  of  trade.  That  the  said 
lots  shall  be  sixteen  acres  a-piece,  and  that  every  jnirchaser 
shall  take  their  lots  in  the  town  as  they  come  to  take  them 
up  and  }>lant  them. 


167H"]         fenwicke's  agreement  With  settlers.  227 

And  as  for  the  settling  of  the  town  of  New  Salem,  it  is 
likewise  ordered  that  the  town  be  divided  by  a  street ;  that 
the  south-east  side  be  for  the  purchasers,  who  are  to  take 
their  lots  of  sixteen  acres  as  they  come  to  take  them  up 
and  plant  them,  as  thev  liappen  to  join  to  tlie  lots  of  the 
purchasers  resident,  who  are  to  hold  their  present  phmta- 
tions,  and  all  of  tliem  to  be  accounted  as  part  of  their  pur- 
chases ;  and  the  other  part,  on  tlie  north  and  by  east  and 
b}'  south,  is  to  be  disposed  of  by  the  chief  pi'oprietor  for 
the  encouragement  of  trade  ;  he  also  giving  for  the  good  of 
the  town  in  general,  the  field  of  marsh  that  lieth  between 
the  town  and  Goodchild's  plantation  ; — and, 

Lastly,  we  do  leave  all  other  things  concerning  the  set- 
ting forth  and  surveying  the  said  purchases,  unto  the  chief 
proprietor,  to  order  as  he  sees  fit. 

Signed  accordingly,  the  twentv-fiftli  day  of  the  Fourth 
month,  1676.  Fenwicke. 

Edward  Wade,  John  Smith,  Richard  Xoble, 

Saml.  Nicholson,        John  Addams,  Hypolite  Lefevre, 

Edward  Champnes,    Richard  Whitacar,  William  Malster, 
Robert  Wade. 


Letter  from    the  Proprh'tor-^   of  ir^'.sV  Jerxey  to   Richard 
HartKhorne,  one  of  their  VohimiHsioners. 

[As  printed  in  Smitb's  "History  of  Xew  Jersey."  p.  80.] 

To  Richard  IIartshorne 

London  26th  of  the 
Richard  Jlartshome  6th  month,  1676. 

We  have  made  use  of  tliy  name  in  a  commission  and 
instructions,  which  we  have  sent  by  James  Wasse,  who  i.s 
gone  in  Samuel  (Iroome's  ship  for  Maryland  A:  a  copy  of 
which  is  here  inclosed,  and  also  a  co])v  of  a  letter  we  have 
sent  to  John  Fenwick,  to  be  read  to  him  in  presence  of  as 
many  of  the  people  that  went  with  him  as  may  be  ;  and 
because  we  both  expect,  and  also  entreat,  and  desire  thy 


228         NEW  JERSEY  COLONIAL  DOCUMENTS.       [1676 

aKsistance  in  tlie  same,  we  will  a  little  sliew  things  to  thee, 
that  thou  ma}'  inform  not  only  thyself,  but  freinds  there  ; 
wliieh  in  sliort  is  as  follows, 

1st.  We  have  divided  with  (-reori^e  Carteret,  and  have 
sealed  deeds  of  partition,  each  to  the  other  ;  and  we  have 
all  that  side  on  Delaware  river  from  one  eiul  to  the  other  ; 
the  line  of  ])artition  is  frou)  the  east  side  of  little  Kgg  Har- 
bour, straight  North,  through  the  country,  to  the  utmost 
branch  of  Delaware  river;  with  all  })owers,  privileges,  and 
immunities  whatsoever;  ours  is  called  Anr  \\'e.sf-Jtr.'<ft/, 
his  is  called  JVew  £^a.^t-'/t/:sri/. 

iJd.  We  have  made  concessions  by  ourselves,  being  such 
as  freinds  here  and  there  (we  question  not)  will  approve 
of,  having  sent  a  copy  of  them  by  James  Wasse  ;  there  we 
lay  a  foundation  for  after  ages  to  understand  their  liberty 
as  men  and  christians,  that  they  may  not  be  brought  in 
bondage,  but  by  their  own  consent;  for  we  put  the  power 
in  the  people,  that  is  to  say,  they  to  meet,  and  choose  one 
honest  man  for  each  propriety,  who  hath  subscribed  to  the 
concessions  ;  all  these  men  to  meet  as  an  assembl}'  there, 
to  make  and  re})eal  laws,  to  choose  a  governor,  or  a  com- 
missioner, and  twelve  assistants,  to  execute  the  laws  during 
their  pleasure  ;  so  every  man  is  capable  to  choose  or  be 
chosen  ;  No  man  to  be  arrested,  condenmed,  imprisoned, 
or  molested  in  his  estate  or  liberty,  but  by  twelve  men  of 
the  neighbourhood.  No  man  to  lie  in  prison  for  debt,  but 
that  his  estate  satisfy  as  far  as  it  will  go,  and  be  set  at 
liberty  to  work  ;  No  })erson  to  be  called  in  cpiestion  or 
I  molested  for  his  conscience,  or  for  worshipping  according 
.  to  his  conscience ;  with  many  more  things  mentioned  in 
the  said  concessions. 

3.  We  have  sent  over  by  James  Wasse,  a  commission 
under  our  hands  and  seals,  wherein  we  impower  thyself 
James  Wasse  and  Richard  Guy,  or  any  two  of  you,  to  act 
and  do  according  to  the  instructions,  of  which  here  is  a 
copy  ;  having  also  sent  some  goods,  to  buy  and  purchase 
some  land  of  the  natives. 


1 676]  INSTRUCTIONS  TO  RICHARD  HARTSHORNE.  229 

4.  We  intend  in  the  spring  to  send   over  some  more 
commissioners,  with  the  friends  and  people  that  cometh 
there ;    because    James    Wasse    is    to    return    in    Samuel . 
Groom's  ship  for  England;  for  Richard  Guy,  we  Judge, 
him  to  be  an  honest  man,  yet,  we  are  afraid   that  John 
Fen  wick   will   hurt  him,  and   get   him   to  condescend  to . 
things  that  may  not  be  for  the  good  of  the  whole  ;  so  we 
hope  thou  wilt  ballance  him  to  what  is  just  and  fair  ;  that 
John  Fen  wick  betray  him  not,  that  things  may  go  on  easy 
without  hurt  or  jar  ;    which  is  the  desire  of  all  freinds  ; 
and  we  hope  West  Jersey  will  be  soon  planted  ;  it  being  in 
the   minds   of   many  friends  to   prepare   for   their   going 
against  the  spring. 

5.  Having  thus  far  given  thee  a  sketch  of  things,  we 
come  now"  [to  desire  thy  assistance,  and  the  assistance  of 
other  friends  in  your  parts  ;  and  we  hope  it  will  be  at 
length  an  advantage  to  yon  there,  both  u^^on  truth's  account, 
and  other  ways  ;  and  in  regard  many  families  more  may 
come  over  in  the  spring  to  Delaware  side,  to  settle  and 
plant,  and  will  be  assigned  by  us  to  take  possession  of  their 
particular  lots ;  we  do  intreat  and  desire,  that  thon,  know- 
ing the  country,  and  how  to  deal  with  the  natives ;  we  say, 
that  thee,  and  some  other  friends,  would  go  over  to  Dela- 
ware side,  as  soon  as  this  comes  to  your  hands,  or  as  soon 
as  you  can  conveniently ;  and  James  Wasse  is  to  come  to  a 
place  called  New-Castle,  on  the  other  side  of  Delaware 
river,  to  stay  for  thee,  and  any  that  will  go  with  him  ;  and 
you  all  to  advise  together,  and  lind  out  a  iit  jjlace  to  take 
up  for  a  town,  and  agree  with  the  natives  for  a  tract  of 
land  ;  and  then  let  it  be  surveyed  and  divided  in  one  hun- 
dred parts  ;  for  that  is  the  method  we  have  agreed  to  take, 
and  we  cannot  alter  it ;  and  if  you  set  men  to  work  to 
clear  some  of  the  ground,  we  would  be  at  the  charges ;  and 
we  do  intend  to  satisfy  thee  for  any  charge  tho  art  at,  and 
for  thy  pains  ;  This  w^e  M'ould  not  have  neglected  ;  for  Ave 
know,  and  you  that^are  there  know,  that  if  the  land  be  not 
taken  up  before  the  spring,  that  many  people  come  over 


230  NEW    JERSEY    COLONIAF.    DOCUMENTS.  [1676 

there,  tlic  natives  will  insist  on  liigli  demands,  and  ^o  we 
shall  suffer  by  buying  at  dear  rates,  and  our  friends  that 
t'ometh  over,  be  at  great  trouble  and  eliarges  until  a  plat-e 
be  bought  and  divided;  for  we  do  not  like  the  tract  of 
land  John  l-'enwick  hath  bought,  so  as  to  make  it  our  iirst 
settlement :  but  we  would  have  thee  and  friends  there,  to 
provide  and  take  uj*  a  })lace  on  some  creek  or  river,  that 
may  lie  nearer  you.  and  such  a  place  as  you  may  like  ;  for 
)nay  be  it  may  (;ome  in  your  minds  to  come  over  to  our 
side,  when  you  see  the  hand  of  the  Lord  with  us  ;  and  so 
we  can  say  no  more,  but  leave  the  thing  with  you,  believ- 
ing that  friends  there  will  have  a  regard  tt»  friends  settling, 
that  it  may  be  done  in  that  way  and  method,  that  may  be 
for  the  good  of  the  whole  ;  rest  thy  friends, 

(4awen  Lawkik        Wilijam  Penn         Nicholas  Lucas 
E.  ByllyN(;e  .loMN  Ei,i>Kii)(.K         EoMoND  Wakner. 


S//'  .]i)hii     U'ltltii    til    ( idi'rriior  ^{iidios. 
fFioiii   "New   York  Colonial  I)iviiiiiieiit8,'   Vol.  III.,   p.  -^40.] 

Sir.  [Krfriirt:\ 

I  addc   thus  much  further  in   relac'on   to 

Sir  George  Carterett's  Colony  of  New  Jersey,  y*^  is,  that  I 
have  ac(|nainted  his  R"  High"*  with  what  M""  J)yre  writes 
to  me,  about  his  late  bickering  w"'  Capt.  Carteret  for  not 
letting  a  Present  pass  vk'',  and  tliough  small  matters  are 
hardly  worth  y"  notice  es])ecially  where  Sir  (Tcorge  Car- 
terett  himselfe  is  concerned;  (for  whome  the  Duke  hath 
much  esteeme  and  regard)  I  doe  not  find  y'  y*^  Duke  is  at 
all  inclined  to  lett  got-  any  ])art  of  his  jirerogative  w*^^*"  you 
and  your  ])rc<lecess''''  have  all  along  constantly  asserted  in 
his  behalfe  ;  and  soc.  thpugh  at  present  in  respect  to  Sir 
Geo:  we  soften  things  all  we  may  not  to  disturbe  his 
choller  (for  in  truth  the  passion  of  his  inferio''  offic™  soe  far 
iiifects  him  as  })uts  him  on  demands  w*^''  he  hath  noe  colour 
of  right  to)  I  verily  believe  should  his  foote  chance  to  slip. 


1676]  LETTER  FROM  THE  TRUSTEES  OF  W.  JERSEY.  231 

those  who  succeed  him  must  be  content  w'*'  lesse  civility 
y°  we  shew  him  in  y*"  point,  since  y"  we  should  exercise  y*" 
just  authority  his  R"  High*-  hath  without  such  reserves,  as 
though  intended  but  favours  now,  may,  if  confirmed, 
redound  too  much  to  y**  prejudice  of  yo*"  Colony.  You 
will  reserve  what  I  say  in  y"  paragraph  to  your  selfe.     .     . 


Dated  at  8^  James's  Aug*^  y«  3P.^  1676^ 
To  Major  x\ndros. 


Letter  from   WUJ'xiin,  Peitn,  (rairen   Jjiwrle  and  Nicholas 
Lucas  to  those  Proposing  to  tiettle  in  West  Jersey. 

I  From  Smith's  "  History  olNew  Jersey,  "  p,  8S.J 
Ej'JSTLE 

Dear  friends  aiul  brethren 

In  the  pure  love  and  precous  fellowship  of  our  Lord 
Jesus  Christ,  we  very  dearly  salute  you  :  Forasmuch  as 
there  was  a  j)aper  printed  several  months  since,  entitled. 
The  description  of  New-  West-Jersey,  in  the  which  our 
names  were  mentioned  as  trustees  for  one  undevided  moiety 
of  the  said  2)rovince  :  And  because  it  is  alledged  that  some, 
partly  on  this  account,  and  others  apprehending,  that  the 
paper  by  the  manner  of  its  expression  came  from  the  body 
of  friends,  as  a  religious  society  of  people,  and  not  from 
particulars,  have  through  t'hese  mistakes,  weakly  concluded 
that  the  said  description  in  nuitter  and  form  might  be  writ, 
printed  and  recommended  on  purjiose  to  prompt  and  allure 
people,  to  dis-settle  and  transplant  themselves,  as  it's  also 
by  some  alledged  :  And  because  that  we  are  informed,  that 
several  hav«  on  that  account,  taken  encouragement  and 
resolution  to  transplant  themselves  and  families  to  the  said 
province  ;  and  lest  any  of  them  (as  is  feared  by  some) 
should  go  out  of  a  curious  and  unsettled  mind,  and  others 
to  shun  the  testimony  of  the  blessed  cross  of  Jesus,  of 


232  NEW    JERSEY    COLONIAL    DOCrMENTS.  [1676 

which  several  weighty  friends  have  a  godly  Jealousy  upon 
their  spirits  ;  lest  an  unwarrantable  forwardness  should  act 
or  liurry  any  beside  or  beyond  the  wisdom  and  counsel  of 
tlie  lord,  or  the  freedom  of  his  light  and  spirit  in  their  own 
liearts,  and  not  upon  good  and  weighty  grounds  ;  It  truly 
hiid  hard  upon  us,  to  let  friends  kn(;»w  how  the  matter 
stands  ;  which  we  shall  endeavour  to  do  with  all  clearness 
and  fidelity. 

1.  That  there  is  such  a  prucliux  ws  ^cic-Jti'stij,  is  cer- 
tain— 

2.  Tiiat  it  is  reputed  of  those  who  have  lived  and  have 
travelled  in  that  country,  to  be  wholesome  of  air  and  fruit- 
ful of  soil,  and  capable  of  sea  trade,  is  also  certain  ;  and  it 
is  not  right  in  any  to  dispise  or  dispraise  it,  or  disswade 
those  that  iind  freedom  from  the  Lord,  and  necessity  put 
them  on  going. 

3.  That  the  Duke  of  York  sold  it  to  tliose  called  lord 
lierkeley,  baron  of  Stratton,  and  sir  George  Carteret, 
equally  to  be  divided  between  them,  is  also  certain. 

4.  One  iiioieiij  or  half  part  of  the  said  j>f(rvinee,  being 
the  right  of  the  said  lord  Berkeley,  was  sold  by  him  to 
John  Fen  wick,  in  trust  for  Edward  Byllinge,  and  his 
assigns 

5.  Forasmuch  as  E.  V>.  (after  William  IVnn  had  ended 
the  difference  between  the  said  Edward  Byllinge  and  John 
Fenwick)  was  willing  to  present  his  interest  in  the  said 
pr<ni')nve  to  his  creditors,  as  all  that  he  had  left  bin),  towards 
their  satisfaction,  he  desired  William  Penn  (though  every 
way  unconcerned)  and  (4awen  Lawrie,  and  Nichohis  Lucas, 
two  of  his  creditors,  to  be  trustees  for  performance  of  the 
same ;  and  because  several  of  liis  creditors,  particularly 
and  very  im])ortunately,  pressed  William  Benn  to  accept 
of  the  trust  for  their  sakes  and  security  ;  we,did  all  of  us 
comply  with  those  and  the  like  requests,  and  accepted  of 
the  trust,  * 

6.  Upon  this  we  became  trustees  for  one  moiety  of  the 
said  province,  yet  undivided  ;   And  after  no  little  labour, 


1676]     LETTER  FKOM  THE  TRUSTEES  OF  W.  JERSEY.       233 

trouble  and  cost,  a  division  was  obtained  between  the  said 
Sir  George  Carteret  and  ns,  as  trustees ;  The  country  is 
situated  and  bounded  as  is  expressed  in  the  printed  descrip- 
tion. 

7.  This  now  divided  moiety  is  to  be  cast  into  one  hun- 
dred parts,  lots,  or  proprieties  ;  ten  of  which  upon  the 
agreement  made  betwixt  E.  Byllinge  and  J.  Fenwick,  was 
settled  and  conveyed  unto  J.  Fenwick,  his  executors  and 
assigns,  with  a  considerable  sum  of  money,  by-way  of  satis- 
faction for  what  he  became  concerned  in  the  iiurchase  from 
the  said  lord  Berkeley,  and  by  him  afterwards  conveyed  to 
John  Eldridge  and  Edmond  Warner,  their  heirs  and 
assigns. 

8.  The  ninety  parts  remaining  are  exposed  to  sale  on 
the  behalf  of  the  creditors  of  the  said  E.  B.  And  foras- 
much as  several  friends  are  concerned  as  creditors,  as  well 
as  others,  and  the  disposal  of  so  great  a  part  of  this  country 
being  in  our  hands,  we  did  in  real  tenderness  and  regard  as 
friends,  and  especially  to  the  poor  and  necessitous,  make 
friends  the  iirst  offer ;  that  if  any  of  them,  though  particu- 
larly those  that  being  low  in  the  world,  and  under  trials 
about  a  comfortable  livelihood  for  themselves  and  families, 
should  be  desirous  of  dealing  for  any  part  or  j^arcel  there- 
of, that  they  might  have  the  refusal, 

y.  This  was  the  real  and  honest  intent  of  our  hearts, 
and  not  to  prompt  or  allure  any  out  of  their  places,  either 
by  the  credit  our  names  might  have  w^ith  our  people 
throughout  the  nation,  or  by  representing  the  thing  other- 
wise than  it  is  in  itself. — 

As  for  the  printed  paper  sometime  since  set  forth  by  the 
creditors,  as  a  description  of  that  jjrovince  ;  we  say  as  to 
two  passages  in  it,  they  are  not  so  clearly  and  safely 
worded  as  ought  to  have  been  ;  particularly,  in  seeming  to 
limit  the  winter  season  to  so  short  a  time  ;  when  on  fur- 
ther information,  we  hear  it  is  sometime  longer  and  some- 
time shorter  than  therein  expressed  ;  and  the  last  clause 
relating  to  liberty  of  conscience,  we  would  not  have  any  to 


234  NEW    JER6EY    COLONIAL    DOCUMENTS.  [1676 

tliink,  that  it  is  promised  or  intended  to  maintain  the 
liljerty  of  tlie  exercise  of  religion  by  force  and  arms; 
though  we  shall  never  consent  to  any  the  least  violence  on 
conscience  ;  yet  it  was  never  designed  to  encourage  any  to 
expect  by  force  of  arms  to  have  liberty  of  conscience  fenced 
against  invaders  thereof. 

]<».  And  be  it  known  unt<»  you  all.  in  the  name  and 
fear  of  Almighty  (tod,  his  glory  and  honour,  power  and 
wisdom,  truth  and  kingdom,  is  dearer  to  us  than  all  visible 
things  ;  and  as  our  eye  has  been  single,  and  our  heart  sin- 
cere to  the  living  God,  in  this  as  in  other  things  ;  so  we 
desire  all  whom  it  may  concern,  that  all  groumlless  jeal- 
ousies may  be  judged  down  and  watched  against,  and  that 
all  extemes  may  be  avoided  on  all  hands  by  the  power 
of  the  Lord  ;  that  nothing  which  hurts  or  grieves  the 
holy  life  of  truth  in  any  that  goes  or  stays,  may  be 
adhered  to  ;  nor  any  provocations  given  to  break  precious 
unity. 

This  am  1,  William  Penn,  moved  of  the  Lord,  to  write 
unto  you,  lest  any  bring  a  temptation  u})on  themselves  or 
others  ;  and  in  offending  the  Lord,  slay  their  own  peace : 
Bl<xxr(l  are  tin;/ that  nni  .y<v,  (inil  Ix'/iohl  film  fht  ir  IrdJer^ 
thtir  (>f(h  r<  i\  f/i'ir  conihicfoi'  (did  j>rfKci'i'ei\  in  Mai/iinj  or 
i/oi'iK/  ;  II  fiosi'  f-s  f/i<  III riJi  n ml  iln  t'ldlniH-^  tin  ri<>t\  ami  the 
riitfli  upon  a  flioiLsam/  liills.  And  as  we  formerly  writ,  we 
cannot  but  repeat  our  ri'<|uest  u[>on  you,  that  in  whomso- 
ever a  desire  is  to  be  concerned  in  this  intended  jihinfutloii^ 
such  would  weigh  the  thing  l)efore  the  Lord,  and  not 
headily  or  rashly  conclude  on  any  such  remove  ;  and  that 
they  do  not  offer  violence  to  the  tender  love  of  their 
kindred  and  relations ;  hut  noberly  ami  roiiifc'ieutiondij 
t'ticli'dro'ir  to  ol>tiiiii  till  I  r  ijiKxl  lo'dlii,  the  unity  of  friends 
irlwre  thrij  life  ;  thid  irhetlur  tlwij  ijo  or  f<tai/,  it  may  be  of 
ijooilfacoar  lufore.  the  Lord  (ami  i/ood  people)  from  irho/n 
oidif  ran  all  hearenl;/  and  eaHldij  bl-eaximjii  come.  This  we 
thought  good  to  write  for  the  preventing  of  all  misunder- 
standings, and  to  declare  the  real  truth  of  the  matter ;  and 


1676]  PROCEEDINGS    AGAINST   FENWTCRE,  235 

60  we  commend  joii  all  to  the  Lord,  who  is  the  watchman 
of  his  Israel. 

We  are  your  friends  and  brethren, 

William  Penn 
Gawen  Lawrie 
[September  1676]  Nicholas  Lucas 


Minutes  of  it  (otnicll,  Held  at  JVeio  York,  in  Relation 
to  Major  John  Fenwicke  8  Granting  Patents  in  New 
Jersey.^ 

(Extract  from  ''New  York  Colouial  Documents,"  Vol.  XIL,  p.  otiS.J 

At  a  Councell  held  at  New  York 
November  20'^'  1676 

Entred  in  the  Councell  booke.  The  answer  to  the  pro- 
posals to  bee  in  Comon  booke  of  entryes 

Severall  Letf^  being  read  concerning  Majo'  John  Fen- 
wicks  actings  in  New  Jersey  on  the  east  side  of  Dela- 
ware River  by  his  granting  patents  for  Land,  &  refusing 
to  obey  the  Governo'"'  speciall  warrant  tfcc 

Resolved,  it  imputing  his  majesties  service,  ct  good  ife 
quiet  of  those  parts  ife  Inhabitants.  That  hee  bee  sent  for, 
with  the  iirst  Convenience  hither,  &  if  there  bee  occasion 
that  the  Comander  A:  Magistrates  at  Delaware  doe  use 
force  for  seizing  &  sending  him 

That  there  being  no  LawfuU  x'Vuthority  for  Major  Fen- 
wyck's  giving  forth  ])atents  for  Land,  Its  not  thought  fitt  to 
returne  back  those  sent  hither,  But  the  persons  who  have 
paid  their  moneys  for  them,  may  have  their  Remedy  at 
Law  for  the  same,  against  the  person  that  gave  them. 

A^pon  the  Complaint  of  Jean  Paul  Jacjuet,  That  hee  hath 
been  dispossest  by  Majo''  Fenwyck  of  some  Land  on  the 
East  side  of  Delaware  River,  ordered.  That  the  said  Jean 
Paul  Jaquet  bee  repossest  of  what  land  hee  was  in  posses- 

1  The  purport  of  this  minute  was  communicated  by  C^overnor  Audros  to  the 
magistrates  of  Newcastle,  by  letter  dated  November  i3d.  •  New  York  Colonial 
Documents,'  Vol.  XIL,  p.  366.     Ei>. 


236  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1676 

sion  of  on  the  East  side  of  the  River,  at  the  last  coming  in 
of  the  English  Government ;  The  which  the  Co"  is  to  take 
order  about,  and  if  occasion  the  Comander  at  Delaware  is 
to  assist  them. 


Proceedings  at  a    Court  for   th>    Trial  of  Major  John 

l^\niri<'h'. 

(From  "New  York  Colonial  Documents,"  Vol.  XTI.,  p.  568.] 

At  a  special  Co'".*'  held  the  12*"  day  of  Jan.  I6T7,  about 
Ma  jo''  John  Fenwycks  businesse 

The  Councell  Justices  &  May""  &  Aldermen  call'd  over 

Majo""  P'enwyck  brought  to  the  barre. 

The  Jury  call'd  over  (returned  by  the  High  Sheriff e)  & 
sworne. 

The  prosentm'  in  the  name  of  Samuell  Lectc  c^c  read, 
eliarging  him  w""  a  Rv<»t  <kv. 

Hee  is  prest  to  plead,  but  jiretends  to  appeale  &  saith 
hee  is  ignorant  of  the  jjawes  it  proceedings  of  this  Gov- 
erning ; 

Hee  pleads  not  Guilty. 

The  K^  !/•"*  patents  to  the  D.  ct  the  Dukes  to  the  Gov- 
erno''  read. 

One  of  Majo""  Fenwyck's  deeds  read  dated  .luly  l.")'" 
1676 

Another  deed  read  to  the  same  ])ur})ose,  another  dated 
Aug.  10'"  1676, 

Another  m()re  large  the  same  date. 

Majo""  Fenwycks  licence  to  distill  N"  4. 

Jean  Paul  Ja(|uets  complaint,  with  several  deposicons 
read  N**  8,  his  land  called  Stoon  brooke,  given  away  by  M. 
Fenwyck  to  John  Erickson. 

Majo""  Fenwyck  ownes  his  land  iV  justifies  his  actions, 
confessing  all  the  patents  &c  to  bee  his  act  &  deed. 

Hee  pleads  for  himselfe,  to  hold  from  the  Lord  John 


16T7]  TRIAL  ov  penWicke.  237 

Berkely  &  makes  a  Long  discourse,  denyes  that  any  part 
of  New  Jersey  is  under  the  Jurisdiction  of  tliis  Co'"'  & 
pleads  his  liberty  to  appeale  to  his  Ma"^^ 

Hee  pleads  over  &  over  The  K.  can  doe  no  wrong,  &  hee 
must  appeale  to  him. 

He  s*'*  an  undoubted  Interest  can  not  bee  destroyed,  & 
that  the  L^  Berkely  hath  an  undoubted  right,  &  conse- 
quently hee  hath. 

That  S'"  Geo:  Carteret  being  repossest  by  a  new  Clraunt 
from  his  R.  H*  of  a  Pt.  its  as  good  as  for  the  whole  &  so 
deemed  by  the  Law. 

Gov.  Carterets  Letter  read  wherein  he  absolutely  dis- 
ownes  M.  Fenwyck. 

Majoi"  Fenwycks  letter  to  the  Go:  read. 

Hee  acknowledges  to  have  no  originall  deed  or  ^rant 
here  butt  was  left  in  Engl. 

Hee  s*^  the  D  [uke]  hath  nothing  to  doe  in  New  Jersey, 
&  what  hath  been  done  by  him  was  there. 

The  Go:  gives  a  Charge  to  the  Jury,  who  goe  out  upon 
the  businesse. 

The  Co"  adjourned  till  4  afternoon. 
Afternoone. 

The  Jury  bring  in  their  Verdict  &  send  for  the  Pris^. 

The  Go  :  urged  to  the  Jury  to  declare  whether  they 
found  Majo""  Fenwyck  Guilty  or  not  Guilty  as  to  the  Pre- 
sentment.    They  said  Guilty 

Majo""  Fenwyck  desires  an  Appeall  to  the  King,  &  moves 
to  have  it  recorded. 

Hee  offerrs  againe  to  plead  in  his  Justification. 

All  ordered  to  withdraw  but  the  Co" 

The  Co"  having  considered  of  the  Verdict  of  the  Jury 
doe  approve  it  &  contirmes  the  same  &  give  Judgment 
therefore  : 

That  M""  F.  having  acted  w'^in  his  R.  H.  Patent  without 
any  legall  Authority  &c  doe  pay  all  costs  &  charges  of  this 
Suite  &  likewise  pay  a  fine  of  40£  to  the  Co", 


23:^  XF.W    .TKRSKY    COLONIAT,    POrUMRNTS.  [1^*77 

And  that  liee  reinaine  in  Custody  untill  he  give  security 
of  r)0(»t'  to  be  of  the  good  behavior  iV:  not  to  act  in  any 
))nblick  Capacity.  I'nless  lie  sliall  receive  i"vr  produce  suffi- 
cient Autliority  from  tlic  King,  or  from  some  othrr  (h'riv- 
ing  from  his  Mai"'^\ 

As  for  liis  Appeall  it  is  A<hiiitc(l  hi'i-  giving  r>00£ 
security  more  t<j  prosecute  it,  ^^-  to  answn-  any  fuitlier 
actit)n  tliat  may  be  entred  ag"'  liim  t'oi-  liis  illegal!  actions 
there  hitlierto  witliout  Anthoi-itv. 


PriM'i'ftJntgx   A<j<ilii.s(    Mojnr  John    tiinrickt,    I  iider 

Pri'scntliii'iit   of  Siiiiinrl    Li'(i<\} 
(From  "New  Voik  ColoiiiHl  Dotiiiui'iitM.  "  Vol.  XII..  p  StiS.) 

At  a  Speeiall  Co""'  of  Assises  held  in  New  Yorke  y*  12^'* 
day  of  January  in  y**  2S"'  yeaiv  of  his  Ma"'^'*  Reigne. 
Annoque  Dominie  167r».'-* 

Present 

The  Governo''  tfe  Council! 

The  Justices  of  the  Severall  Ridings  of  Yorke- 

shire  upon  J^ong  Ishmd. 
Tlie  May-"  A:  Alderm"  of  tliis  Citty 

Major  .lolm  Fenw3'ck  l)cing  Presented  to  tliis  Co"  by 
M' Sam"  J.eete,  for  tliat  liee  tlie  said  Jolni  Fenwyck  tlie 
»''  lo"'  day  of  Augs^  1()7<I  c^-  divei-s  times  before  and  Since 
witlntut  any  Riglit  or  title,  witli  force  and  armie  Ryot- 
eously  cV:  Routeously  Nvitli  Fenwyck  Addams,  Ricliard 
Ilandcoek,  iVr  several!  otlier  Persons,  hath  Possessed  him- 
selfe  of  a  large  tract  oi-  Parcel!  of  Fand  Lying  v\r  being 
with  in  the  bounds  ifc  IJnutts  of  liis  Royall  Highness  James 
Duke  of  York  his  Pattent,  from  liis  ISfa"^ ;  that  now  is,  for 
certaine  Lands  in  America,  ^t'  assuming  to  himselfe  to  bee 
Loj-d  Clieife  Pro})rieto'.  Arc  of  tlie  same,  hatli  granted  to 
several!  persons  great  tracts  of  J^and  ».Vr  taken  severall 
sumes  of  Money  for  y*  same,  «fe  disturbed  severall  of  his 

1  See  Ante,  p.  186.  2  1676-7.     Ed. 


1677]  PROCKEmNftS    AGATKST    FENWICKK.  239 

Ma"**  Subjects,  not  only  in  y*  Possession  of  tlieir  Estates 
but  Ryoteonsly  Routeously  (fcc 

'The  matter  haveing  been  fully  debated,  Majo'"Fenwyoks 
Defence  &  Allegacons,  Evidences  and  Testinionys  heard, 
examined  &  taken,  y"  Jury  sent  out,  brought  in  their  \ev- 
dict  y*  they  finde  y^  said  Major  John  Fenwyck  guilty. 

The  Co"  haveinff  Considered  the  whole  matter.  Continue 
the  same  &  give  Judgement  that  the  said  Major  Fenwyck 
do  pay  all  the  Costs  &  Charges  of  this  suite,  &  a  tine  of 
forty  pounds  to  the  King,  &  that  he  remaine  in  Custody 
untill  he  give  security  of  tive  hundred  pounds  to  bee  of 
y*  good  behavior,  &  not  to  act  in  any  public  Capacity  in 
those  parts  unlesse  he  receive  it  produce  sufficient  authority 
<fe  commission  for  the  same 

Upon  his  desire  Appeale  is  admitted  bee  giveing  tive 
hundred  pound  security  more  to  prosecute  it  &  to  answer 
any  further  Action  that  may  be  entred  against  him  for  his 
past  actings  there. 

By  order  of  the  Speciall  Co"  of  Assizes 

Matthias  Nicoli.s  Sect. 


Council  Mimitp — Thoina.^  Olive  and  Other  Passenger.^  of 
the  Ship  '"''  Kerd''''  Axk  for,  and  Iheeive  Pterin isslon 
to  Settle  in   West  Jersey. 

(From  "New  York  Colonial  Documents,"  Vol.  XIT.,  p.  579.] 

At  a  Councell  Augt  4"'  1C77 
Thomas  Olive,  Daniel  Willes,  John  Penford,  Joseph 
Helmely,  Rob'  Stacy,  and  Benjamin  Scott,  Informing  the 
Governor  of  their  being  lately  come  from  England  in  the 
good  ship  the  Kent,  (Gregory  Marloe,  Mastei',  now  riding 
in  the  Bay  near  Sandy  Iloeck,  intended  with  about  two 
hundred  persons  to  settle  in  West  New-Jersey  to  the  east 
of  Delaware  River  or  Bay,  claiming  the  authority  of  pro- 
prietors and  jurisdiction  in  said  parts,  for  which  Produce 
deed  or  indentures  from  his  Royall  Higlmesse  to  my  Lord 
John  Berkley  and  S"^  George  Carteret  both  of  his  Ma""* 


24r»  NEW   JERSEY   COLONIAL   DOCtTMENTS.  [1677 

most  hon'"'^  Privy  Councell  >S:c  bearing  dato  the  23''  <L'  24»»' 
day  of  June  1604,  in  tlie  16"'  yeare  of  his  Ma'''^*  reign  as 
pr  s**  deed  to  be  called  New  Jersey  i.V:c,  and  severall  other 
Indentures  and  Deeds  of  the  18"'  of  March  1073,  in  the 
26"'  yeare  of  y*^  King,  of  the  0"'  cV:  10"'  of  February  1674, 
from  my  lord  Jno.  Berkly  to  Jn"  Fenwyck,  for  a  moyety 
of  said  New  Jersey,  and  from  .lohu  Fenwick  cV:  Edward 
Billing  to  W'"  Pen,  (lawan  Lawry  and  Nicholas  Lucas  and 
a  Commission  of  the  4"'  of  A})ril  1677,  from  AV"*  1\mi, 
Gawan  Lawry  and  Nicholas  Lncas,  and  Edward  Billing,  to 
Tho:  Olive  cV:c  Eight  to  bee  (.■ommissioners  authorized 
from  them  for  west  New  Jersey  and  desired  time  granted 
them  for  about  three  days  to  })roduce  a  deed  of  Particon 
and  what  else  they  might  have  to  show  or  say,  which  hav- 
ing done  upon  the  6"'  day  said  deed  bearing  date  the  tirst 
<»f  July  167*>  in  28th  yeare  of  the  King,  and  heard  in  all 
they  would  alleadge  thereupon,  so  desireing  answer,  It 
being  taken  into  consideracon  6c  how  the  Cloverno""  should 
act  therein.  And  records  being  called  for,  itt  appearing  by 
his  Ma"*^"  Lett"  Pattents  of  the  24"'  of  August  1674,  the 
26"'  yeare  of  the  King  that  the  (ioverno""  was  authorized 
and  comnuinded,  and  did  receive  these  countreyes  from  the 
Dutch  and  by  order  and  Commission  from  his  Ji"  H*  at 
that  time  for  the  same,  hath  continued  in  the  possession 
and  Government  thereof  nnder  his  R.  11%  Advised  tfc 
Resolved,  that  the  Governo""  is  not  discharged  (by  any  thing 
the  above  Tho.  Olive  Arc  have  i)roduced)  n(»r  can  unless  by 
some  authority  of  later  date.  l>ut  uj)on  consideracon  of  so 
many  persons  as  alleadged  on  bt)ard,  come  over  upon  said 
accompt  of  settlemS 

llesolv'd  &  Ordered  that  they  nuiy  all  freely  land  in 
these  jKirts  or  proceed  to  Delaware  to  settle  any  unim- 
provt'd  land  duly  purchased  submitting  uiuler  this  Govern- 
m'  as  (»tlicr  his  Ma""  subjects  in  ewry  respect  for  all  things 
and  differences,  unlesse  and  till  they  shall  recive  and  pro- 
duce to  the  Governor  here  sutficient  authority  or  order 
from  Enorland  for  his  discharj^e 


1677]  WEST   JERSEY    CONCESSIONS.  241 


The  (Wncffifdons  and  Agreniient.s  of  Wef^i  Jersey. 

(From  Leamiug  &  Spicei's  '•  Grant»  aud  Concessious,  "  p.  382.] 

The  Concessions  and  Agreements  of  the  Pro- 
prietors, Freeholders  and  Inhabitants  of  the 
Province  of  West  New-Jersey,  in  America 

Chapter  I. 
We  do  consent  and  agree,  as  the  best  present  Expedition, 
that  such  Persons  as  shall  be  from  Time  to  Time,  deputed, 
nominated  and  appointed  Commissioners  by  the  present 
Proprletorfi  or  the  Major  Part  of  them,  b}'  Writing,  under 
their  Hands  and  Seals,  shall  be  Commissioners  for  the 
Time  being,  and  ha've  Power  to  order  and  manage  the 
Estate  and  Afiairs  of  the  said  Province  of  W^ent  Nevi- 
Jf):sey^  according  to  these  our  Concessions,  hereafter 
following,  and  to  depute  others  in  their  Place  and  Author- 
ity in  Case  of  Death  or  removal,  and  to  continue  until 
some  other  Persons  be  deputed,  nominated  and  appointed 
by  the  same  Propvletors^  or  the  Major  Part  of  them,  to 
succeed  them  in  that  Office  and  Service.  And  tlie  Com- 
missioners for  the  Time  being  are  to  take  Care  for 
forth  and  dividing  all  the  l^ands  of  the  said  Piovince,  as 
be  already  taken  up,  or  by  themselves  shall  be  taken  up 
and  contracted  for  with  the  Natives,  and  the  said  Land  so 
taken  up  and  contracted  for  to  divide  into  one  Hundred 
Parts,  as  occasion  shall  require  ;  that  is  to  say,  for  every 
quantity  of  Land  that  they  shall  from  Time  to  Time  lay 
out  to  be  planted  and  settled  upon,  they  shall  first  for 
Expedition  divide  the  same  into  Ten  equal  Parts  or  Shares  ; 
and  for  distinction  sake  to  mark  in  the  Register,  and  upon 
some  of  the  Trees  belonging  to  everj  Tenth  Part,  with  the 
Letters  A  B.  and  so  end  at  the  Letter  K.  And  after  the 
same  is  so  divided  and  marked,  the  said  Commissioners  are 
to  grant  unto   Thomas   Ihdchinxon   of   Bevi-rly,    'Thomas 


--t-  NKW     .IKK>i:V    <(»!..  »M  A  I.    1  ><  •(  tM  KNTS.  [167T 

Peavxiui  of  il(inii-H-},\  ./,,.•<,  J >/i  I/>  liii.'<lri/,  of  Crmt  KAk^ 
(it'ort/c  Jhift/ii/isoii  of  S/irffithI,  and  Mulilon  SttKu/  of 
Ildnsii'ort/i,  all  of  the  ( 'omitv  of  York,  <>r  their  lawful 
Deputies,  or  particular  Ctmiinissioners,  for  themselves  and 
their  Friends,  who  are  a  (•onsidera])le  Nuniljer  of  People, 
and  may  S])eedily  promote  the  Phintint;of  the  said  Province  ; 
that  they  may  have  free  lilierty  to  make  choice  of  any  one 
of  the  said  Tenth  Parts,  or  Shares,  which  shall  be  tirst 
divided  and  set  out,  bciiii;  also  done  with  their  Consent, 
that  they  nuiy  Plant  njton  the  same  as  they  see  meet  ;  and 
afterward  any  othej-  Person  or  Persons,  who  shall  go  over 
to  inhabit,  and  have  })urchased  to  the  Number  of  Ten 
Pi'ojji'tetieK,  they  shall  and  may  have  Liberty  to  make 
choice  of  any  of  the  remainiuij:  Parts  or  Shares,  to  settle 
in  ;  and  all  other  Propr'ietoi'x^  who  shall  go  over  to  settle 
as  aforesaid,  and  cannot  nu^ke  up  amongst  them,  the  Num- 
ber of  Ten  Pi'vpriHlex^  yet  nevertheless  they  shall  and 
may  have  lil)erty  to  make  choice  of  settling  in  any  of  the 
said  Tenth  Shai-es  that  shall  not  be  taken  up  befoi'e.  And 
the  Commissioners  have  hereby  Power  to  see  the  said  one 
Tenth  Part,  that  they  shall  so  make  choice  of,  laid  out  and 
divided  into  2\  u  J'ro^n-irti,  k,  and  to  allot  them  so  many 
J*rojjrit'ti<'.s,  out  of  the  same,  as  they  ha\  e  ( )i'ders  for  :  And 
the  said  Commissioners  are  to  follow  these  Rules,  until 
they  receive  contrary  Oi'der  from  the  Majoi-  Part  of  the 
Propi'ietorfi  undei'  their  Hands  and  ,Seals. 

The  said  Conunissioners  for  the  Time  bi'ing  have  hereby 
Power  for  a]»])ointing  and  setting  outfit  Places  for  Towns, 
and  to  limit  the  Boundaries  thereof,  and  to  take  care  they 
be  as  regular  built  as  the  present  Occasion,  Time  and  Con- 
veniency  of  the  Places  will  admit  of;  and  that  all  Towns 
to  be  erected  and  built,  shall  be  with  the  Consent  of  the 
Commissioners  for  the  Time  being,  or  the  Major  Part  of 
them.  And  furthei',  the  said  Commissioners  are  to  (Jrdei* 
the  Affairs  of  the  Pi-ovince  according  to  these  Concessions, 
and  any  other  Instructions  that  shall  be  given  them  by  the 
Major  Part   of  the  l^npr'ttto/'s,  until  such  Time  us  more 


1677]  WEST    JERSEY    CONcRSStOXS.  243 

or  other  Commissioners  shall  be  chosen  bv  the  Inhabitants 
of  West  f/cr,'<e I/, 'Af<  ]\ eve  in  these  Concessions  is  mentioned 
and  appointed. 

And  it  is  fnrther  expi-essly  provided  and  ag-reed  to;  that 
whereas  there  is  a  Oonti-act  or  Agreement  granted  bv 
Wmiam  Penn,  Gaweit  Ijuri-ij^  and  Nh-holax  Lu<-i(s^  unto 
Thomas  Ifufchinwn^  Thnuaix  yV<r/'.sY>//,  Joxcpli  HplnixJij^ 
George  livfehinKon^  and  Mahlon  Stari/,  dated  the  second 
Day  of  the  Month  called  Morch^  1676,  Instant;  wherein 
they  Grant  nnto  the  said  Persons,  certain  Privileges  for  a 
Town  to  be  built,  whereby  they  have  liberty  to  choose 
their  own  Magistrates  and  Officers,  for  executing  the  Laws, 
according  to  the  Concessions  within  the  said  Town  :  Which 
said  Contract  or  Agreement,  is  to  be  held  firm  and  good  to 
all  Intents  and  Purposes,  and  we  do  by  these  our  Conces- 
sions confirm  the  same. 

Chapter  J  I. 

And  that  all  and  every  Person  and  Persons,  may  enjoy 
his  and  their  just  and  equal  Projyt'iety,  and  Purchase  of 
Lands  in  the  said  Province  :  It  is  hereby  agreed,  concluded 
and  ordained,  that  the  Survey  or  Surveyors,  that  the  said 
Proprietors  have  deputed  and  appointed,  or  shall  depute 
or  appoint ;  they  failing,  that  the  Commissioners  shall 
depute  and  appoint,  or  that  the  Genei'al  Free  Assembly 
hereafter  shall  depute  and  appoint,  shall  have  Power  by 
him  or  themselves,  or  his  or  their  lawful  Deputy,  or  Depu- 
ties, to  survey,  lay  out  or  bound,  all  the  Projirietors  Lands, 
and  all  such  Lands  as  shall  be  Gi-anted  from  any  of  the 
Proprietors  to  the  P^reeholders,  Planters,  or  Inhabitants, 
and  a  particulai-  or  teri-yor  thereof,  to  certify  to  the  Regis- 
ter, to  be  Tlecorded. 

Chapter  III. 

That  hereafter  ujion  further  Settlement  of  the  said 
Province,  the  Proiyrietors^  Freeholders,  and  Inhabitants, 
resident  upon  the  said  Province,  shall  and  may  at  or  upon 
the  five  and  Tweiitleth  Day  of  the  Month  called  Marofi, 
which  shall  be  in  the  Year  according  to  the  English  Ac- 


24-4  NEW    .IKRSEY    COLONIAT,    DOCt'MENTS.  [1677 

count,  Oni'  Thousand  .*>■/,/■  llumli'iil  uml  K'HjJitij.  and  so 
thence  fonvard,  ii])<»ti  \\\v Jir<  and  Tu'int'iitli  Day  of  starch 
Yearly,  by  tlie  ninth  lluui-  in  the  ^lorning  of  the  said  Day, 
assemble  themselves  together  in  some  pnblick  Place,  to  be 
ordered  and  a])pointed  by  the  Commissioners  for  tlie  Time 
being;  and  upon  default  of  such  appointment,  in  such 
Place  as  they  shall  see  meet,  and  then  and  there  elect  of 
and  amongst  themselves,  Ten  honest  and  able  Men,  fit  for 
Government,  to  officiate  and  execute  the  Place  of  Commis- 
sioners for  the  Year  ensuing,  and  until  such  Time  as  Ten 
more  for  the  Year  then  next  following,  shall  be  elected 
and  appointed  :  Wliich  said  Elections  shall  l)e  as  followeth. 
That  is  to  say,  the  Inhabitants  each  Ten  of  the  one  Hun- 
dred Proprietors  shall  elect  and  choose  one,  and  the  one 
Hundred  Propr'utorx  shall  be  divided  into  Ten  Divisions 
or  Tribes  of  Men. 

And  the  said  Elections  shall  be  niade  and  distinguished 
by  ballating  Trunks,  to  avoid  noise  and  confusion,  and  not 
by  Voices,  holding  up  of  the  Hands,  or  otherwise  howso- 
ever :  Which  said  Commissioners  so  Yearly  to  be  elected, 
shall  likewise  govern  and  order  the  AfJaii*s  of  the  said 
Province,  i^pro  tempore)  foi*  the  good  and  welfare  of  the 
said  People,  and  according  to  these  our  Concessions,  until 
such  Time  as  a  General  free  Assembly  shall  be  elected  and 
deputed  in  such  ni:inni>rand  wise  as  his  hei'cafter  expressed 
and  contained. 

Chapter  JV. 

And  that  the  Planting  of  the  said  Province  l>e  the 
moi'e  s]ieedily  j^i'onioted,  it  is  consented,  grant- 
ed, eoiKdnded,  agived  and  declared. 

J'lrist.  Tii.\T  the  J*r<p/'ii  tors  of  the  said  Pro\ince,  have 
and  do  hereby  Grant  unto  all  Persons  who  by  and  with  the 
consent  of  one  or  more  of  any  of  tlie  Proprietors  of  the 
said  Province,  attested  by  a  Certilicate,  under  his  or  their 
Hands  and  Seals,  Adventure  to  the  said  Province  of  West 
MeW' Jersey y  and  shall  Transport  themselves  or  Servants 


1677]  WEST   JERSEY    CONCESSIONS.  245 

before  the  Jlrst  Day  of  the  Month  commonly  called  April, 
which  shall  be  in  the  year  of  our  Lord,  o?ie  Thousand  six 
Hundred  Seventy  and  seven,  these  following  Proportions, 
viz.  For  his  own  Person  arriving,  Seventy  Acres  of  Land 
English  Measure,  and  for  every  able  Man*  Servant  that  he 
shall  carry  with  him,  and  arriving  there,  the  like  quantity 
of  Seventy  Acres  of  Land  English  Measure.  And  whoso- 
ever shall  send  Servants  before  that  Time,  shall  have  for 
every  able  Man  Servant,  he  or  they  so  send  as  aforesaid, 
and  arriving  there,  the  like  quantity  of  Seventy  Acres  ;  and 
for  every  weaker  Servant,  Male  or  Female,  exceeding  the 
Age  of  Fourteen  Years,  which  any  one  shall  send  or  carry, 
arriving  there,  Fifty  Acres  of  Land,  and  after  the  Expira- 
tion of  their  Time  of  Service,  Fifty  Acres  of  Land  for  their 
own  Use  and  Behooff,  to  hold  to  them  and  their  Heirs 
forever.  All  such  Person  and  Persons,  Freemen  or  Ser- 
vants and  their  respective  Heirs,  and  Assigns,  afterwards 
paying  Yearly  to  the  Proprietor,  his  Heirs  and  Assigns,  to 
whom  the  said  Lands  belong,  one  penny  an  Acre,  for  what 
shall  be  laid  out  in  Towns,  and  one  half  penny  an  Acre  for 
what  shall  be  laid  out  elsewhere.  The  first  Yearly  Pay- 
ment to  begin  within  two  Years  after  the  said  Lands  are 
laid  out. 

11.  To  every  Master  or  Mistress,  that  by  and  with  such 
consent  aforesaid,  shall  go  hence  the  second  Year,  before 
the  first  Day  of  the  Month  called  April,  which  shall  be  in 
the  Year  one  Tliousund  si,i'  Ilnndred  Seventy  and  eight. 
Fifty  Acres  of  Land,  and  for  every  able  Man  Servant,  that 
he  or  she  shall  carry  or  send,  and  arriving  there,  the  like 
quantity  of  Fifty  Acres  of  Land,  and  for  every  weaker 
Servant,  Male  or  Female,  exceeding  the  Age  of  Fourteen 
Years,  arriving  there,  Thirty  Acres  of  Land  :  and  after  the 
expiration  of  their  Service,  Thirty  Acres  of  Land  for  their 
own  use  and  behoof,  to  hold  to  them  and  their  Heirs  for 
ever ;  all  the  said  Persons  and  their  respective  Heirs  and 
Assigns,  Yearly  paying  as  aforesaid,  to  the  Proj^rietor^  his 
Heirs,  and  Assigns,  to  whom  the  Land  belongs,  one  penny 


246  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1677 

farihinff  the  Acre,  for  all  such  Lands  as  shall  he  laid  out 
in  Towns,  and  ihree  Farihiiu/y  the  Acre,  for  all  that  shall 
be  laid  out  elsewhere. 

III.  To  every  Freeman  that  shall  arrive  in  the  said 
Province,  within  the  third  Year,  from  the  frMf  Day  of  the 
Month  commonly  called  A />/■!/,  in  the  Year  o?i(  Tho\if<(nif1 
ftix  Hrinfli'f'd  iScrriifi/  and  '  'f//'^  to  the  /?"/a7  of  the  said 
Month  called  April.,  i»i>  TJunixdiid  si.r  IJundnd  S.,  lu nfij 
and  /?/;?/,  (with  an  Intention  to  Plant)  Forty  Acres  of  Land 
Englifdi  Measure ;  and  for  every  able  Man  Servant  that  he 
or  she  shall  carry  or  send  as  aforesaid.  Forty  Acres  of 
Land  of  like  Measure;  and  for  ^y^v'^  weaker  Servant,  aged 
as  aforesaid,  that  shall  be  so  carried  or  sent  thither  within 
the  third  Year  as  aforesaid.  Twenty  Acres  of  Land  of  like 
Measure  ;  and  after  the  Expiration  of  his  or  their  Time  of 
Service,  Twenty  Acres  of  Land  for  their  own  Use  and 
Behoof,  to  Hold  to  them  and  their  Heirs  forever  ;  all  the 
said  Persons  and  their  Heirs  and  Assigns,  paying  Yearly 
as  aforesaid,  to  the  Proprietor,  his  Heirs  or  Assigns,  with 
whom  they  contract  for  the  same,  on*  jn  nnij  half  j» mnj 
the  Acre,  for  what  shall  he  laid  out  in  Towns,  and  out- 
Penny  the  Acre  for  what  shall  be  laid  out  elsewhere  All 
which  Lands  that  shall  be  possessed  in  tin-  said  Pi-ovince 
are  to  be  held  undei*.  and  according  to  the  Concessions  and 
Conditions  as  is  before  mentioned,  and  as  hei'eafter  in  the 
following  Paragraph,  is  more  at  lai'ge  expressed.  Pko- 
vinEi)  ALWAYS,  that  the  before  mentioned  Land,  that  shall 
be  taken  up  and  so  settled  in  the  l*rovince  as  aforesaid, 
shall  from  the  Date  hereof,  be  held  upon  the  C'Onditions 
aforesaid,  containing  at  least  two  able  Men  Servants,  or 
three  such  weaker  Servants  as  aforesaid,  for  every  Hundred 
Acres,  and  so  pro[)ortionably  for  a  lesser  or  greater  (pian- 
tity  as  one  Hundred  Acres,  besides  what  a  Master  or  Mis- 
tress shall  possess,  which  was  granted  for  his  or  her  own 
Person,  in  failei*  of  which  upon  Notation  to  the  pi'esent 
Occupant  or  his  Assigns,  there  shall  be  three  ^'ears  given 
to  such  for  the  i-omplcatiuii'  the  said  Numbei-  of  Sei'vant*  . 


1677]  WEST   JERSEY    CONCESSION'S.  247 

and  for  their  Sale  or  other  disposure  of  such  Part  of  their 
Lands  as  are  not  so  Peopled  :  Within  which  time  of  three 
Years,  if  any  Person  holding  any  Land  shall  fail  by  him- 
self, his  Agents,  Executors  or  Assigns,  or  some  other  way 
to  provide  such  Number  of  Persons,  (unless  the  General 
Assembly  shall  without  respect  to  Poverty,  judge  it  was 
impossible  for  the  Party  so  failing  to  keep  his  or  her  Num- 
ber of  Servants  to  be  provided  as  aforesaid)  in  such  Case 
the  Commissioners  are  to  summon  together  Twelve  Men 
of  the  iVeighbourhood,  upon  such  Inipiest,  Verdict  and 
Judgment  past  of  such  default,  they  are  and  have  Power 
of  disposing  of  so  much  of  such  Land  for  any  Term  of 
Years,  not  exceeding  Twenty  Yeai-s,  as  shall  not  be  Planted 
with  its  due  number  of  Persons  as  aforesaid,  to  some  other 
that  will  plant  the  same,  reserving  and  preserving  to  the 
Proprietor,  or  his  lawful  Assigns,  the  Rents  to  become  due 
and  owing  for,  or  in  respect  of  the  same,  according  to  the 
Tenure  and  Effect  of  these  ConcessioTis.  And  further, 
that  every  Proprietor  that  goeth  over  in  Person,  and 
inhabit  in  the  said  Province,  shall  keep  and  maintain  upon 
every  Lot  of  Land  that  they  shall  take  up,  one  Person  at 
least ;  and  if  the  Lot  shall  exceed  two  Hundred  Acres,  he 
shall  keep  and  maintain  for  every  two  Hundred  Acres,  the 
like  quantity  of  one  Person  at  least. 

And  for  all  other  Proprietors  that  doth  but  go  over  in 
Person,  and  inhabit  in  the  said  Province,  shall  keep  and 
maintain  upon  every  Lot  of  J.and  that  shall  fall  to  them,  one 
Person  at  the  least ;  and  if  the  said  Lot  exceed  one  Hun- 
dred Acres,  then  upon  every  Hundred  Acres  that  fall  to 
them  as  aforesaid,  they  shall  keep  and  maintain  one  Person 
at  the  least :  And  if  any  neglect  or  deficiency  shall  be 
found  in  any  of  the  Proprietors  of  their  keeping  and  main- 
taining the  Number  of  Persons  before  mentioned,  that  then 
and  in  that  Case  the  Commissioners  are  to  dispose  upon 
the  said  Lands  for  any  Term  of  Years  not  exceeding 
Twenty,  to  any  Person  or  Persons,  that  will  keej)  and  main- 
tain upon  the  said  Lands,  the  Number  of  Persons  as  before 


248  NKW    .lERBET    COLONIAL    DOCrMENTS.  [1677 

is  mentioned  ;  reserving  always  unto  tlie  said  Proprietors, 
the  Rents  that  shall  fall  due  for  tlie  same,  as  before  is 
reserved  and  appointed  to  be  so.  Always  Provided,  that 
the  keeping  and  maintaining  of  the  said  Number  of  Per- 
sons upon  the  several  Lots  and  Number  of  Acres  before 
mentioned,  is  to  continue  for  Ten  Years  from  the  Date  of 
the  Concessions  and  no  longer,  except  where  there  have 
been  anv  deficiency,  so  as  the  Commissioners  liave  let  the 
Lands  for  a  longer  time  to  any  Person  or  Persons,  they  are 
to  enjoy  the  same  during  the  Term  granted  them  by  the 
Commissioners,  any  thing  in  this  last  Proviso,  to  the  con- 
trary notwithstanding. 

Chapter  V. 
And  for  the  regular  laying  <>ut  of  all  Lands,  what- 
soever in  tlie  said  Province,  this  Method  is  to 
be  followed  by  the  Register  and  Sui-veyor. 
That  the  Register  to  be  a})pointed  as  aforesaid,  having 
Recorded  any  Grant  from  any  of  the  Proprietors,  to  any 
Person  for  any  quantity  or  quantities  of  Acres,  shall  make 
out  a  Certificate  to  the  Surveyor  or  liis  Deputy,  enjoyning 
him  to  lay  out,  limit  and  bound  Acres  of 

Land  for  A  B.  out  of  the  several  J^ots  of  C  U.  one  of  the 
Proprietors   in   the  Proportions  following,   that  is  to  say 
]'art  there(»f  in  the  Lot  of  the  said  C  1). 
in  which  the  Surveyor  or  his  Deputy 

shall  lay  out,  limit  and  bound  accordingly,  and  shall  certify 
back  to  the  Register,  on  what  Point  of  the  Compass,  the 
several  limits  thereof  lie,  ajid  on  whose  Lands  the  several 
Parcels  P>ut  and  Bound  ;  which  last  Certificate  shall  be 
entered  by  the  said  Register,  or  liis  Deputy,  in  a  Hook  for 
that  Purpose,  with  an  Alphabetical  Table  of  the  Proprie- 
tors Names,  and  tlie  Name  of  the  Planter  or  Purchaser, 
referring  to  the  said  Certificate,  shall  by  the  said  Register 
be  endorsed  on  the  back  of  the(Trant,  with  the  Folio  of  the 
Book,  in  which  it  is  entered,  and  his  Name  Subscribed  to 
the  said  Lidorsement. 


1677]  WEST   JERSEY    CONCESSIONS.  249 

And  that  the  Commissioners  tor  tlie  Time  being  are 
hereby  impowered  to  ascertain  the  Rates  and  P^ees  of  the 
publick  Register,  Surveyor,  and  other  Officers,  as  they 
shall  see  meet  and  reasonable,  how  mnch,  or  what  every 
one  shall  pay  for  the  Registering  any  Conveyance,  Deed, 
Lease,  Specialty,  Certificate  or  other  Writing  ;  as  also  what 
shall  be  paid  by  every  Proprietor  for  surveying,  dividing, 
and  laying  out  of  any  Lands  in  the  said  Province ;  which 
said  Register,  Surveyor,  or  other  Officer  is  not  to  exact  or 
demand  any  more  or  greater  Rates,  as  shall  be  established 
as  aforesaid. 

Chapter  VL 

We  do  also  grant  convenient  Portions  of  Land  for  High- 
ways, and  for  Streets,  not  under  one  Hundred  Foot  in 
Breadth,  in  Cities,  Towns  and  Villages. 

And  for  Wharfs,  Keys,  Harbours,  and  for  publick 
Houses  in  such  Places  as  the  Commissioners  for  the  Time 
being  (until  there  be  a  general  Assembly)  shall  appoint, 
and  that  all  such  Lands  laid  out  for  the  said  Uses  and  Pur- 
poses, shall  be  free  and  exempt  from  all  Rents,  Taxes  and 
other  Charges  and  Duties  whatsoever  ;  as  also  that  the 
Inhabitants  of  the  said  Province,  have  free  Passage  through, 
or  by  any  Seas,  Bounds,  Creeks,  Rivers,  Rivelets  in  the 
said  Province,  through  or  by  which  they  must  necessarily 
pass,  to  come  from  the  main  Ocean  to  any  Part  of  the 
Province  aforesaid  ;  as  also  by  Land  in  ways  laid  out,  or 
through  any  Lands  not  planted  or  enclosed. 

That  all  the  Lihabitants  within  the  said  Province  of 
Wesf-'Lrxf'i/,  have  the  Liberty  of  Fishing  in  Ddauxire 
River,  or  on  the  Sea  Coast,  and  the  liberty  of  hunting,  and 
killing  any  Deer,  or  other  wild  Beasts,  the  liberty  to  Shoot, 
or  take  any  wild  Fowl  within  the  said  Province.  Pro- 
vided ALWAYS  that  they  do  not  Hunt,  Kill,  Shoot,  or  take 
an}''  such  Deer,  wild  Beasts,  or  Fowls  upon  the  Lands,  that 
is  or  shall  be  surveyed,  taken  up,  inclosed,  sown,  and 
planted,  except  the  Owners  of  the  said  Lands,  or  their 
Assigns. 


250         NEW  JERSEY  COLONIAL  DOCrMENTS.       [1677 

Chapter  VIT. 

The  CoMitiiiBsioncrs  are  to  take  care  tliat  Lands  quietly 
held,  planted,  and  possessed  seven  Years,  after  it's  being 
first  duly  surveyed  by  the  Surveyor,  8urvey<»i's,  his  or  their 
lawful  Deputies,  wliieh  shall  be  apjiointed  by  the  said  Pro- 
prietors and  Kegistred  in  manner  as  aforesaid,  shall  not  be 
Subject  to  any  Review,  Resurvey  or  Alteration  of  Bounds, 
upon  any  pretence,  or  by  any  pretence,  or  by  any  Person 
or  Persons  whatsoever. 

Chapti-r  \II1. 

The  Commissioners  are  to  take  care  that  no  Man  if  his 
Cattle  stray,  range  or  graze  on  any  Gri^umd,  within  the 
said  Province,  nf»t  actually  appro]»riated  or  set  out  to  par- 
ticular I*ersons,  shall  l)e  liable  to  j)ay  any  Trespass  for  the 
same,  provided  that  Custom  of  (^omnions  be  not  thereby 
pretended  to,  nor  any  Person  hindred  from  legally  taking 
up  and  appropriating  any  Land  so  gra/ed  u]>on. 

Chapter  L\. 

The  Commissioners  are  to  see  that  all  Courts  estal)lished 
by  the  Laws  and  Constitutions  of  the  Ceneral  Assembly, 
and  pursuant  unto  those  Concessions,  do  execute  their 
several  Duties  and  ( )tfices  resjiectively  accordingly  to  the 
l^aws  in  Force,  and  to  displace  or  punish  them  tV>r  violat- 
ing the  said  Laws,  or  acting  contrary  to  their  Duty  and 
Trusts,  as  the  nature  of  theii'  Offences  shall  re<piire;  and 
where  they  see  Cause  after  Condeiniuition  or  Sentence  past 
upon  any  l*l'rson  or  Persons  by  any  ,ludge.  Justice,  (»r 
Court  whatsoe\ei\  the  said  Commissioners  have  Power  to 
repreive  and  suspend  the  Kxecutiou  of  the  Sentence,  until 
the  Cause  be  presented,  with  a  C(ti)y  of  the  whole  Tryal, 
Proceedings  and  Proofs  to  the  next  (it'iu'ral  Assend>ly, 
who  may  accordingly  either  Pardon,  oi'  eommand  Execu- 
tion of  tlie  SenteiK'e  o\\  the  ( )lfender  oi- ( )ffenders,  who  are 
to  be  kept  in  the  mean  time  in  safe  Custody,  until  the 
sense  of  the  (-reneral  Assemblv  b<' known   therein. 


1677]  WEST   JERSEY    CONCESSIONS.  251 

Chapter  X. 
To  Act  and  do  all  other  Thing  or  Things,  that  may  con- 
duce to  the  Safety,  Peace  and  well  Government  of  the  said 
Province  and  these  present  Concessions,  and  that  all 
Inferior  Officers  he  accountable  to  the  Commissioners,  and 
they  to  be  accountable  to  the  General  Assembly.  The 
Commissioners  are  to  take  care  th^t  the  Constables  of  the 
said  Province,  shall  collect  such  of  Proprietors  Rents,  who 
dwell  not  in  the  said  Province,  bnt  in  England^  Ireland^  or 
SfofJarid,  and  shall  pay  it  to  the  Receiver,  that  they  shall 
appoint  to  Receive  the  same,  urdess  the  General  Asseinbly 
shall  prescribe  some  other  way,  whereby  they  may  have 
their  Rents  duly  collected,  without  Charge  and  Troul>le  to 
the  said  Proprietors. 

Chapter  XI. 

They  are  not  to  impose  or  suffer  to  be  imposed  any  Tax. 
Custom,  or  Subsidy,  Tollage,  Assessment,  or  any  other 
Duty  whatsoever,  upon  any  Colour  or  Pretence,  how  spe- 
cious soever,  upon  tlie  said  Pj-ovince  and  Inhabitants  there- 
of, without  their  own  consent  first  had,  or  other  than  what 
shall  be  imposed  by  the  Authority  and  Consent  of  the 
General  Assembly,  and  that  only  in  manner  and  for  the 
good  Ends  and  Tses  as  aforesaid. 

Chapter  X  II. 

That  the  said  Commissioners,  Registers,  Surveyors,  and 
all  and  every  other  publick  OtHcers  of  Trust  whatsoever, 
already  deputed  and  chosen,  are  hereafter  from  Time  to 
Time  to  be  deputed  and  chosen,  shall  Subscribe  (in  a  Book 
or  Books  to  be  provided  for  that  Purpose)  that  they  will 
truly  and  faithfully  discharge  their  respective  Trusts, 
according  to  the  Laws  of  the  said  Province,  and  Tennor  of 
these  Concessions,  in  their  res])ective  Offices  and  Duties. 
and  do  equal  Justice  and  Right  to  all  Men,  according  to 
their  best  Skill  and  .rudgment.  without  Corru])tion,  Favour, 
or  Affection,  and  the  Names  of  all  that  shall  Subs(;ribe  to 
be  entered  in  the  said  Book.     And  whosoever  shall  Sub- 


262         NEW  JERSEY  COLONIAL  DOCUMENTS.       [1677 

scribe,  and  shall  violate,  break  or  any  wise  falsify  his 
Promise,  after  such  Subscription,  shall  be  liable  to  be 
Punished  or  Fined,  and  also  be  made  incapable  of  any 
publick  Office  within  the  said  Province. 


The  Charter   or  Findamental   Laws,  of  West- 
Jersey   AGREED   UPON. 

Chapter  XIII. 
That    the  following  Concessions   are   the   Common 
Law,  or  Fundamental  Rights,  of  the  Province 
of  West  New-Jersey. 

That  the  Common  Law  or  Fundamental  Rij^hts  and 
Privileges  of  We,<^t  JVcia-J&rsei/,  are  individually  agreed 
upon  by  the  Proprietors  and  Freeholders  thereof,  to  be  the 
Foundation  of  the  (iovernnient,  which  is  not  to  be  altered 
t)y  the  Legislative  Auth(»rity,  or  free  Assembly  hereafter 
mentioned  and  constituted,  but  that  the  said  Legislative 
Authority  is  constituted  according  to  these  Fundamentals, 
to  make  such  Laws  as  agree  M'ith,  and  maintain  the  said 
Fundamentals,  and  to  make  no  Laws  that  in  the  least  con- 
tradict, differ  or  vary  from  the  said  Fundamentals,  under 
what  Pretence  or  Alligation  soever. 

Chai)ter  XIV. 
But  if  it  so  happen  that  any  Person  or  Persons  of  the 
said  free  Assembly,  shall  therein  designedly,  willfully,  and 
maliciously,  move  or  excite  any  to  nuive,  any  Matter  or 
Thing  whatsoever,  that  contra<licts  or  any  ways  Subverts, 
any  Fundamentals  of  the  said  Laws  in  the  Constitution  of 
the  (Toveriimcnt  of  this  Province,  it  being  ])roved  by  seven 
honest  and  reputable  Persons,  he  or  they  shall  be  proceeded 
against  as  Traitors  to  the  said  Government. 

Chapter  XV. 
That  these  Concessions,  Law  or  Great  Charter  of  Funda- 
mentals, be  recorded   in   a  fair  Table,   in    the  Assembly 


1677]  WEBT   .TERSEY   C0N(^E8SI0NS.  253 

House,  and  that  they  be  read  at  the  beginning  and  dissolv- 
ing of  every  General  free  Assembly  :  And  it  is  further 
agreed  and  ordained,  that  the  said  Concessions,  Common 
Law,  or  great  Charter  of  Fundamentals,  be  writ  in  fair 
Tables,  in  every  common  Hall  of  Justice  within  this 
Province,  and  that  they  be  read  in  solemn  manner  four 
times  every  Year,  in  the  presence  of  tlie  People,  by  the 
chief  Magistrates  of  those  Places. 

Chapter  XYI. 
That  no  Men,  nor  number  of  Men  upon  Earth,  hath 
Power  or  Authority  to  rule  over  Men's  Consciences  in 
religious  Matters,  therefore  it  is  consented,  agreed  and 
ordained,  that  no  Person  or  Persons  whatsoever  within  the 
said  Province,  at  any  Time  or  Times  hereafter,  shall  be 
any  ways  upon  any  pretence  whatsoever,  called  in  Ques- 
tion, or  in  the  least  punished  or  hurt,  either  in  Person, 
Estate,  or  Priviledge,  for  the  sake  of  his  Opinion,  Judg- 
ment, Faith  or  Worship  towards  God  in  Matters  of  Reli- 
gion. But  that  all  and  every  such  Person,  and  Persons, 
may  from  Time  to  Time,  and  at  all  Times,  freely  and  fully 
have,  and  enjoy  his  and  their  Judgments,  and  the  exer- 
cise of  their  Consciences  in  Matters  of  religious  Woi'ship 
throughout  all  the  said  Province. 

Chapter  XVII. 
That  no  Proprietor,  Freeholder  or  Inhabitant  of  the 
said  Province  of  West  New-Jerst^y^  shall  be  deprived  or 
condenmed  of  Life,  Limb,  Liberty,  Estate,  Property  or 
any  ways  hurt  in  his  or  their  Privileges,  Freedoms  or 
Franchises,  upon  any  account  whatsoever,  without  a  due 
Tryal,  and  Judgment  passed  by  Twelve  good  and  lawful 
Men  of  his  Neighbourhood  first  had  :  And  that  in  all 
Causes  to  be  tryed,  and  in  all  Tryals,  the  Person  or  Per- 
sons, arraigned  may  except  against  any  of  the  said  Neigh- 
bourhood, without  any  Reason  rendered,  (not  exceeding 
Thirty  five)  and  in  case  of  any  valid  reason  alledged,  against 
every  Person  nominated  for  that  Service. 


2.'*4  KKW  ■i?:k^ry  <<»i.<>MAr.  i»o(r>rF.NT:i.  [1677 

riiapter  XVIII. 

And  that  ii»i  Proprietor.  Freeholder,  Freedetiiisou.  or 
Inhabitant  in  the  .sai<l  Province,  shall  be  attached,  arrested, 
or  imprisoned,  for  oi- by  reason  of  any  Debt.  Duty  or  other  ' 
Thing-  whatsoever  (Cases  Feh)nions,  Criminal  and  Treason- 
able excej^ted)  I^efoi-e  he  or  she  have  ])ei'sonal  Summon,  or 
Summons,  left  at  his  or  her  hist  dwelling  Place,  if  in  the 
said  Province,  by  some  legal  authorized  Otticer,  constituted 
and  appointed  for  that  Purjxtse.  to  aj)pear  in  souu'  Court 
of  Judicature  for  the  said  Province,  with  a  full  and  plain 
account  of  the  Cause  or  Thing  in  demand,  as  also  the  Name 
or  Sanies  of  the' Person  oi"  Persons  at  whose  suit,  and  the 
Court  wliere  he  is  to  ap])ear,  and  that  he  hath  at  least  Four- 
teen Days  Time  to  a])pear  and  answer  the  said  suit,  if  he  i»r 
she  live  or  inhabit  within  Forty  Miles  Kiiglish  of  the  said 
Court,  and  if  at  a  further  distance,  to  have  for  every 
Twenty  Miles,  two  Days  time  moi-e,  for  his  and  their 
appearance,  and  so  pi'o|>ortionably  for  a  larger  distance  ot 
Place. 

That  upon  the  Recording  of  the  Summons,  and  nt.n 
appearance  of  such  Person  and  Persons,  a  Writ  or  attach- 
ment shall  or  may  be  issued  out  to  arrest,  or  attach  the 
Person  <»r  Pei'sons  (»f  such  defaulters,  to  cause  his  or  their 
Appearance  in  such  Court,  returnable  at  a  Day  certain,  to 
answer  the  Penalty  or  Pemdties.  in  ^uch  Suit  or  Suits;  and 
if  he  or  they  shall  be  condemned  by  legal  Tryal  and  Judg- 
ment, the  Penalty  or  Penalties  shall  be  paid  and  satisfied 
out  of  his  or  their  real  or  personal  Estate  so  condemned,  or 
cause  the  Person  or  Persons  so  condemned,  to  lie  in  Execu- 
tion till  Satisfaction  of  the  Debt  and  Damages  be  made. 
Provided  always,  if  such  Person  or  Persons  so  con- 
demned, shall  pay  and  deliver  such  Estate,  Goods,  and 
Chatties  which  he  oi-  any  other  I'erson  hath  for  his  their 
use,  and  shall  solemnly  declare  and  aver,  that  he  or  they 
have  not  any  further  Estate,  (loods  or  Chatties  whereso- 
ever, to  satisfy  the  Person  or  Persons,  (at  whose  Suit,  he 
or  they  are  condemned;  their  respective  Judgments,  and 


1677]  WEST    .JEliSEV    C()N<'ESSIO.\S.  255 

shall  also  bring  and  produce  three  other  Persons  as  ('Oin- 
'  purgators,  who  are  M'ell  known  and  of  honest  Reputation, 
and  approved  of  by  the  Commissioners  of  that  Division, 
where  they  dwell  or  inhabit,  which  shall  in  such  open 
Court,  likewise  solemnly  declare  and  aver,  that  they  believe 
in  their  Consciences,  such  Person  and  Persons  so  con- 
demned, have  not  werewith  further  to  pay  the  said  Con- 
demnation or  Condemnations,  he  or  they  shall  be  thence 
forthwith  discharged  from  their  said  imprisonment,  any 
Law  or  Custom  to  the  contrary  thereof,  heretofore  in  the 
said  Province,  notwithstanding.  And  upon  such  Sjim- 
mons  and  Default  of  appearance,  recorded  as  aforesaid, 
and  such  Person  and  Persons  not  appearing  within  Forty 
Days  after,  it  shall  and  may  be  lawful  for  such  Court  of 
Judicature  to  proceed  to  tryal,  of  twelve  lawful  Men  to 
Judgment,  against  such  Defaulters,  and  issue  forth  Execu- 
tion against  his  or  their  Estate,  real  and  personal,  to  satisfy 
such  Penalty  or  Penalties,  to  such  Debt  and  Damages  so 
Recorded,  as  far  as  it  shall  oi-  may  extend. 

Chapter  XIX. 

That  there  shall  be  in  every  Court,  three  Justices  or 
Commissioners,  who  shall  sit  with  the  twelve  Men  of  the 
Xeighbourhood,  with  them  to  hear  all  Causes,  and  to  assist 
the  said  Twelve  Men  of  the  JS^eighbourhood  in  Case  of 
Law  ;  and  that  they  the  said  Justices  shall  pronounce  such 
Judgment  as  they  shall  receive  from,  and  be  directed  by 
the  said  Twelve  Men,  in  whom  only  the  Judgment  resides, 
and  not  otherwise. 

And  in  Case  of  their  neglect  ami  refusal,  that  then  one 
of  the  Twelve,  b}^  consent  of  the  rest,  pronounce  their  own 
Judgment  as  the  Justices  should  have  done. 

And  if  any  Judgment  shall  be  past,  in  any  Case  Civil  or 
Criminal,  by  any  other  Person  or  Persons,  or  any  other 
way,  then  according  to  this  Agreement  and  Appointment, 
it  shall  be  held  null  and  void,  and  such  Person  or  Persons 
so  presuming  to  give  Judgment,  shall  be  severely  Fin'd, 


256  NEW    .IRRSEY    COLOXIAr.    DOCUMENTS.  [1677 

and  upon  complaint  made  to  the  General  Asf^embly,  1)3' 
them  be  declared  incaj^able  of  any  OtHce  or  Trust  within 
this  Province. 

Cha])ter  XX. 

That  in  all  Matters  and  Causes,  Civil  and  Criminal, 
Proof  is  to  be  made  by  the  solemn  and  plain  averment,  of 
at  least  two  honest  and  reputable  Persons  ;  and  in  Case 
that  any  Person  or  Persons  shall  bear  false  Witness,  and 
brint^  in  his  or  their  Evidence,  contrary  to  the  Truth  of  the 
Matter  as  shall  be  made  plainly  to  appear,  tliat  then  every 
such  Person  or  Persons,  shall  in  Civil  Causes,  suffer  the 
Penalty  which  would  be  due  to  the  Person  or  J*ersons  he 
or  they  bear  Witness  against.  And  in  (-ase  any  Witness 
or  Witnesses,  on  the  behalf  of  any  Person  or  Persons, 
Indicted  in  a  Criminal  Cause,  shall  be  found  to  have  born 
false  Witness  for  Fear,  Gain,  Malice  or  Favour,  and  there- 
by hinder  the  due  Execution  of  the  Law,  and  deprive  the 
suffering  Person  or  Persons  of  their  due  Satisfaction,  that 
then  and  in  all  other  Cases  of  false  Evidence,  such  Person 
or  Persons,  shall  be  first  severely  Fined,  and  next  that  he 
or  they  shall  forever  be  disabled  from  being  admitted  in 
evidence,  or  into  any  publick  Office,  Employment,  or  Ser- 
vice within  this  Province. 

Chapter  XXT. 

That  all  and  every  Person  and  Persons  whatsoever,  who 
shall  pntsecute  or  prefer  any  Indictment  or  Information 
against  othere  for  any  personal  Injuries,  or  Matter  Crim- 
inal, or  shall  Prosecute  fc»r  any  other  Criminal  Cause, 
(Treason,  Murther,  and  Felony,  onl}'  exee])ted)  shall  and 
may  be  Master  of  his  own  Process,  and  have  full  Power  to 
forgive  and  remit  the  Person  or  Persons  offending  against 
him  or  herself  only,  as  well  before  as  after  Jutlgment,  and 
Condemnation,  and  Pardon  and  Remit  the  Sentence,  Fine 
and  Punishment  of  the  Person  or  Persons  Offending,  be 
it  personal  or  other  whatsoever. 

Chapter  XXII. 

That  the  Tryals  of  all  Causes,  Civil  and  Criminal,  shall 


1677]  WEST    JERSEY    CONCESSIONS.  257 

ibe  heard  and  decided  by  the  Virdict  or  Judgment  of 
Twelve  honest  Men  of  the  Neighbourhood,  only  to  be 
Bummoned  and  presented  by  the  Sheriff  of  that  Division, 
or  Propriety  where  the  Fact  or  Trespass  is  committed  :  and 
that  no  Person  or  Persons  shall  be  compelled  to  Fee  any 
Attorney  or  Coiinciller  to  plead  his  Cause,  but  that  all 
Persons  have  free  liberty  to  plead  his  own  Cause,  if  he 
please :  And  that  no  Person  nor  Persons  imprisoned  upon 
any  account  whatsoever  within  this  Province,  shall  be 
obliged  to  pay  any  Fees  to  the  Officer  or  Officers  of  the 
said  Prison,  either  when  committed  or  discharged. 

(Chapter  XXIII. 
That  in  all  ])ublick  Courts  of  Justice  for  Tryals  of 
Causes,  Civil  or  Criminal,  any  Person  or  Persons,  Inhabit- 
ants of  the  said  Province,  may  freely  come  into,  and  attend 
the  said  Courts,  and  hear  and  be  present,  at  all  or  any  such 
Tryals  as  shall  be  there  had  or  passed,  that  Justice  may  not 
be  done  in  a  Corner  nor  in  any  Covert  mannw,  being 
intended  and  resolved,  by  the  helj)  of  the  Lord,  and  by 
these  our  Concessions  and  Fundamentals,  that  all  and 
every  Person  and  Persons  Inhabiting  the  said  Province, 
shall,  as  far  as  in  us  lies,  be  free  from  0))pres8ion  and 
iSlavery. 

Chapter  XXIV. 

For  the  preventing  of  Fraud,  Deceit,  Collision  in 
Bafoains,  Sales,  Trade  and  Traffick,  and  the 
usual  Contests,  Quarrels,  Debates  and  utter 
Ruin,  which  have  attended  the  People  in  many 
Nations,  by  costly,  tedious  vexations  and  Law 
Snits,  and  for  a  due  Settlement  of  Estates. 

It  is  agreed,  concluded,  and  ordained,  that  there  be  kept 
a  Register  -At  LoikIoh,  within  the  Nation  of  J^Jiujldiid.  And 
also  another  Register  within  the  Province  of  A>  w  WeM^ 
Jersei^f,  and  that  all  Deeds,  Evidences,  and  Conveyances  of 
J.and  in  the  said  Provincr  ,of  J^eic  Wcsf-Jt'rfot/^  that  shall 


25R  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1677 

be  executed  in  Kngl(iii<K  may  also   bo  there   Registered  ; 
and  once  every  Year,  the  Ilcoister  of  the  said   Deeds  and 
Conveyances,    so    Registered,    shall    he    duly    transmitted 
under  the  Hands  of    the   Registei-   and    three   Pro})rietors 
unto  the  (V)mniissi(jncrs  in  X<  ir   Wi  xl  ./<  ran/^  to  be  enroled 
in  the  publick  Registi'r  of  the  said  J*rovince.     As  also  that 
the  chief  Register,  which  the  said  Proprietors  have  deputed 
or  chosen,  oi"  shall  depute  or  i-hoose  failing,  that  the  Coiu- 
missioners  shall   depute  or  choose,  or  which   the   General 
Assembly  of  tlie  said  Province,  hereafter  mentioned,  shall 
depute  or  choose,  shall  keep  exact  Kntries  and  Registers  in 
fair  Books,  or  Rolls  for  that  purpose  to  be  })rovided,  of  all 
publick    Artairs.   and   therein   shall    i-ecord    and    enter    all 
Grants  of  Land,  fi-om  the  Proprietors  to  the  Planters,  and 
all  Conveyances  of  l^and.  House  or  Houses,  from  Man  to 
Man,  as  also  all  Assignments,  Mortgages,  Bonds,  IS})ecial- 
ties  whatsoever,  and  all  Leases  for  Land,  House  or  Houses, 
made,  or  to  be  made  from    Landlord  to  Teiumt,  and  from 
Person  'to  Persons;  which    ( 'onveyances.    Leases.    Assign- 
ments, Mortgages,   F>onds,  and  S})ecialties  which    shall    be 
executed  in   W^sf   .\<'ir-r/<  i-xn/,  shall  be  first  ackiu)wledged 
by  the  Grantor,   Assignor,   aiul    Obligor,    before   the   said 
Commissioner  or  two  of  them  at  least,  or  some  two  of  their 
lawful    Deputies  for    the    Time   being;    who   shall    under 
their  1  hinds,  upon  the  back  ISide  of  the  said  Deed,  Lease, 
Assignment,  Moi'tgage,  or  Specialty,  attest  the  acknowledge- 
ment thereof  as  aforesaid,  which   shall   be  a   Warrant,  for 
the  Register  to  Record  the  same  ;  aiul  such  Conveyance  or 
Specialty,  if  sealed,  executed,  acknowledged   before   three 
Proprietors,  in  the  Nation   of   I'jKjhi mJ,  oi-    Ti'<hiii<U  and 
recorded  or  registered  there  within  three  Months  after  the 
Date  thereof,  or  if  sealed,  executeil  and  ackiutwledged  in 
the    said    Province,    or    elsewhere    out    ttf    hin/Jand,    and 
recorded    (jr   i-egistn-d    within    six   Months  after   the  Date 
thereof,  shall  be  good  and  effectual  in  Law,  and  for  passing 
(»r  transferring  of  Estates  in    Lands,  Tenements,  or  Heredi- 
taments, shall  be  as  effectual  as  if  deli\erv  aiul  seixen  were 


1677]  WEST   JERSEY    CONCESSIONS.  259 

executed  of  the  same.  And  all  other  Conveyances,  Deeds, 
Leases,  or  Specialties  not  Recorded  as  aforesaid,  shall  be  of 
no  Force  nor  Effect :  And  the  said  Register,  shall  do  all 
other  Thing  or  Things,  the  said  Proprietors  by  their 
Instructions  shall  direct,  or  the  Commissioners  or  Assembly 
shall  ordain,  for  the  good  and  welfare  of  the  said  Province. 

Chapter  XXV. 
That    there    may    be    a   good   understanding    and 
friendly  correspondence  between   the  Proprie- 
tors, Freeholders,  ^ind  Inhabitants  of  the  said 
Province,  and  the  Indian  Natives  thereof. 
It  is  concluded  and  agreed,  that  if  any  of  the  Indian 
Natives  within   the  said  Province,   shall  or  may  do  any 
wrong  or  injury  to  any  of  the  Proprietors,  Freeholders,  or 
Inhabitants,  in   Person,   Estate   or   otherways   howsoever, 
upon  Notice  thereof,  or  Complaint  made  to  the  Commis- 
sioners, or  any  two  of  them,  they  are  to  give  Notice  to  the 
Sachem,  or  other  chief  Person  or  Persons,  that  hath  Author- 
ity ov^er  the  said  Indian  Native  or  Natives,  that  Justice 
may  be  done,  and  Satisfaction  made  to  the  Person  or  Persons 
Offended,  according  to  Law  and  Equity,  and  the  Nature  and 
Quality  of  the  Offence  and  Injury  done  or  conmiitted. 

And  also  in  Case  any  of  the  Proprietors,  Freeholders,  or 
Inhabitants  shall  any  wise  wrong,  or  injure  any  of  the 
Indian  Natives  there,  in  Person,  Estate  or  otherwise,  the 
Commissioners  are  to  take  Care  upon  Complaint  to  them 
made,  or  any  one  of  them,  either  by  the  Indian  Natives  or 
others,  that  Justice  be  done  to  the  Indian  Natives,  and 
plenary  Satisfaction  made  them  according  to  the  Nature 
and  Quality  of  the  Offence  and  Injury.  And  that  in  all 
Tryals  wherein  any  of  the  said  Indian  Natives  are  con- 
cerned, the  Tryal  to  be  by  six  of  the  Neighbourhood,  and 
six  of  the  said  Indian  Natives,  to  be  indifferently  and 
impartially  Chosen  by  Order  of  the  Commissioners,  and 
that  the  Commissioners  use  their  endeavour,  to  perswade 
the  Natives  to  the  like  way  of  Tryal,  when  any  of  the 


2fi<^  NEW    .TKKSKY    (( »I,(  >XIAI,    IMKTMKNTP.  [1677 

Natives  d<i  aiiv  \v;ivs  wrong  <ir  iiijurf  tlie  said  Proprietors, 
Freeholders  or  Inliabitants.  that  they  choose  six  of  the 
Natives,  and  six  <>f  the  Freeholders  or  Inhabitants,  to  judge 
of  the  wrong  and  injury  done,  and  ti^  j>ropurtion  Satisfac- 
tion aceordinglv. 

Chapter  XXVL 

It  is  agreed  when  any  Lands  is  to  be  taken  up  tV»r  Settle- 
ments of  Towns,  or  otherways,  before  it  be  surveyed,  the 
Conaniissioners  or  the  Major  Part  of  the  ni  are  to  appoint 
Sonne  Persons  to  go  to  the  chief  of  the  Natives  concerned 
in  that  Land,  so  intended  to  be  taken  up.  to  acquaint  the 
Natives  of  their  intention,  and  to  give  the  Natives  what 
present  the}'  shall  agree  upon,  for  their  good  AVill  or  Con- 
sent, and  take  a  Grant  of  the  same  in  Writing,  under  their 
Flands  and  Seals,  oi*  some  other  puMick  May  used  in  those 
Parts  of  the  World  ;  which  (irant  is  to  be  Registered  in 
the  i)nblick  Register,  allowing  also  the  Natives  (if  they 
please)  a  Copy  thereof,  and  that  no  Person  or  Persons,  take 
upany  Land,  but  by  ordei'  from  the  ( 'oniniissioneiv,  for  the 

Time  being. 

Chapter  XXVIl. 

That  no  Ship  ^faster  or  Comnuinder  ot  any  Ship  or 
Vessel,  shall  receive  into  his  Ship  or  Vessel,  to  carry  unto 
any  other  Nation,  ('ountry  or  Plantation,  any  Person  or 
Persons  whatsoever,  without  a  Certiticate  first  harl  and 
obtained  under  the  Hands  and  Seals  of  the  Commissioners, 
or  any  two  of  them,  that  the  said  Person  or  Persons  are 
clear,  and  may  be  taken  on  Hoard,  signifying  that  the  said 
Person  or  Persons  Names  have  been  put  up  at  three  pub- 
lick  Places  of  the  Province,  appointed  by  the  Commis- 
sioners for  that  Purpose,  for  tin-  space  of  three  Weeks 
giving  Notice  of  his  or  their  Intention  to  transj)oVT  them- 
selves. 

Chapter  XXVlll. 

'I'h.'it    Men    nia\     j>eneeal)l\'    and    (|iiietl\    ciijoy    their 

Kstates. 
Jt  is  au*i'*^'t'<l  it'iiiiv  IVtm*!!   or   Persons  >hall  steal.  I'ol).  or 


1677]  WEST    JERSEY    CONCESSIONS.  261 

take  any  (4o()ds  oi'  ('battles,  from  or  belong-ing  t(;  any 
Person  or  Persons  whatsoever,  he  is  t<>  make  Restitution 
two  fold  out  of  his  or  tlieir  Estate,  and  foi-  want  of  such 
Estate,  to  be  made  to  Work  for  his  theft,  foi-  such  Time 
and  Times  as  the  Nature  of  the  Ott'ence  doth  reijuire,  or 
until  Restitution  be  made  double  for  the  same,  or  as  Twelve 
Men  of  the  Neighbourhood  shall  determine,  being  a])|)oint- 
ed  bv  the  Commissioners,  not  extending  either  to  Life  or 
Limb. 

If  any  Person  or  Persons,  shall  willfidly  beat,  hurt, 
wound,  assault,  or  otherwajs  abuse  the  Person  or  Persons 
of  any  Man,  Woman,  or  Child,  they  are  to  be  punished 
accordino-  to  the  Nature  of  the  Offence,  which  is  to  be 
determined  by  Twelve  Men  of  the  Neigld)ourhood,  appoint- 
ed by  the  Commissi  on  ei"s. 

Chapter  XXIX. 
For  securing  Estates  of  Persons  tliMt  die,  and  tak- 
ing care  of  Orphans. 

7*7/ W.  If  any  Person  or  Persons  die,  the  Commissioners 
are  to  take  Care  that  the  Will  of  the  deceased  be  duly  per- 
formed, and  Security  given  by  those  that  prove  the  Will  : 
And  that  all  Wills  or  Testaments  be  Registered  in  a  pub- 
lick  Register  appointed  for  that  Purpose,  and  the  Person 
and  Persons  that  prove  the  same,  to  bring  in  one  true 
Inventory  under  their  Hands  of  all  the  Estate  of  the 
deceased,  and  to  have  a  Warrant  under  the  Hands  of  three 
Commissioners,  and  the  publick  Seal  of  the  Province, 
Intimating  that  they  have  brought  in  an  Inventory  of  the 
Estate,  and  given  security.  Then  and  not  before,  are  they 
to  dispose  upon  the  Estate. 

II.  If  any  Person  die  intestate,  leaving  a  Wife  and 
Children,  the  Commissioners  are  to  take  security  from  the 
Person  that  shall  Administer,  to  secure  two  Parts  of  the 
Estate  for  the  ('hildren,  and  the  third  to  the  Wife,  if  there 
be  any,  and  if  there  be  no  Child,  then  half  to  the  next  of 
Kin,  and  the  other  to  the  Wife. 


2^*2  NEW    .TRRSKY    COLONIAT.    POCl'MENTS.  flG77 

III.  If  the  Paiviits  (.f  Cliil.livii  l)c-  (U-ad,  and  no  Will 
made,  then  the  Coinmissioners  are  to  aj^jjoint  two  or  more 
Per^^ons  to  take  the  Charge  of  the  Children,  and  Estate, 
and  to  bring  in  an  Inventory  of  the  Estate  to  be  Regis- 
Tei-ed,  and  that  the  said  Persons  are  to  make  good  to  the 
Children,  what  Part  of  the  Estate  shall  come  into  their 
Hands,  and  to  give  a  true  Account  of  their  Receipts  and 
Disbursements,  to  l^e  approved  of  by  the  (-ommissioners. 

IV.  If  Parents  die,  leaving  Child  or  Children,  and  n<t 
Estate,  oi-  not  sufficient  to  maintain  and  bring  up  the  said 
Child  or  Children,  in  that  Case  the  Commissioners  are  to 
appoint  Persons  to  take  Care  for  the  Child  or  Childi-en,  to 
bring  them  up  in  such  manner  as  the  Commissioners  shall 
appoint,  and  the  Charges  thereof  to  be  boi-n  by  the  publick 
Stock  of  the  Province;  and  if  none  be  established,  then  by 
a  Tax  to  be  levied  l)v  Twelve  Men  of  tlie  Neighbourhood, 
with  the  consent  of  the  Commissioners,  or  the  main  Part 
of  them. 

Chapter  XXX. 

lu  C'ase  when  any  I*ersoii  or  Persons  kill  or  destroy 
themselv^es,  or  he  kilb^l  by  any  other  tliino'. 
It  is  agreed  if  any  Man  or  Woman  shall  wilfully  put 
hand  and  kill  him  or  hei'self,  the  Estate  of  such  Person  or 
Persons,  is  not  to  be  forfeited,  but  the  Kiiulred,  Heirs  or 
such  otliei"  as  of  Ilight  the  Estate  belongs  to,  may  enjoy 
the  same  :  Or  if  any  I^east  or  Ship,  I'oat  or  other  Thing, 
should  occasion  the  Death  of  any  Person  or  Persons,  never- 
theless the  said  Beast,  Slii|),  Boat,  or  other  Thing  is  not  to 
be  forfeited,  but  those  to  whom  they  belong  nuiy  enjoy  the 
same.  Pkovidkd  ai,ways,  that  the  said  Peast  did  not  wil- 
fully kill  the  said  Peison,  oi-  hath  been  known  to  attem])t 
or  addicted  to  Mischief,  or  hath  been  found  to  liui-t  or  kill 
any  Person  ;  then  the  said  Beast  is  to  be  killed. 

Chapter  XXXI. 
Aj.l  such  Person  oi-  Persons  as  shall  be  upon  Tiyal  found 
guilty  of  Murder,  or  Treason,  the  Sentence  and  Way  of 


1677]  WEST    JERSEY    CONCESSIONS.  263 

Execution  tliei'eof,  is  left  to  the  (ireneral  Assembly  to  deter- 
mine as  they  in  the  Wisdom  of  the  Lord  shall  jndge  meet 
and  and  expedient. 

The  General  Asseiiildy  and  tlieir  Power. 

Chapter  XXXII. 
That  so  soon  as  Divisions  or  Tribes,  or  othci'  such  like 
Distinctions  are  made ;  that  then  the  Ldiabitants,  Free- 
holders, and  Proprietors,  Resident  upon  the  said  Province, 
or  sevei'al  and  respective  Tribes,  or  Divisions  or  Distinc- 
tions aforesaid,  do  Yearly  and  every  Year  meet  on  the^frst 
Day  of  October,  or  the  eight  Month,  and  choose  one  Pro- 
])rietor  or  Freeholder  for  each  respective  Propriety  in  the 
said  Province,  (the  said  Province  being  to  be  divided  into 
one  Hundred.  Proprieties)  to  be  Deputies,  Trustees,  or 
Representatives  for  the  Benefit,  Service  and  Behoof  of  the 
People  of  the  said  Province :  Which  Body  of  Deputies, 
Trustees  or  Representatives,  consisting  of  one  Hundred 
Persons,  chosen  as  aforesaid,  shall  be  the  General,  Free  and 
Supream  Assembly  of  the  said  Province  for  the  Year 
ensuinw  and  no  longer.  And  in  Case  any  Member  of  the 
said  Assembl}^  during  the  said  Year,  shall  decease  or  other- 
wise be  rendered  incapable  of  that  Service,  that  then  the 
Inhabitants  of  the  said  Pi-opriety,  shall  elect  a  new  Mem- 
ber to  serve  in  his  Room  for  the  remainder  of  the  said 
Year. 

Chapter  XXXIII. 

And  to  the  end  the  respective  Meml^ers  of  the 
Yearly  Assembly  to  be  chosen  may  be  regu- 
larly and  impartially  elected. 

That  no  Person  or  Persons  who  shall  give,  bestow  or 
promise  directly  or  indirectly  to  the  said  Parties  electing, 
any  Meat,  Drink,  Money  or  Money's  worth,  for  procure- 
ment of  their  Choice  and  Consent,  shall  be  capable  of  be^ng 
elected  a  Member  of  the  said  Assembly.  And  if  any  Per- 
son or  Persons,  shall  be  at  any  Time  corruptly  elected,  and 


2fi4  N'F.W    .IRRSEV    ("OI.OMAI.    Ixx  IMENTS.  [1677 

sufficient  I'mof  tliereof  made  to  tlie  said  free  Assembly, 
such  J'erson  iti*  J^ersoiis  so*  electing;  or  elected,  shall  be 
reckoned  incai)al)le  to  choose  or  sit  in  the  said  Assembly^ 
or  execute  any  other  publick  Office  of  Trust  within  the 
said  Province,  for  the  s])ace  of  se\en  Yeai's  thence  next 
ensuing.  And  also  that  all  such  Elections  as  aforesaid,  be 
not  determined  l)v  the  common  and  confused  way  of  cry's 
and  voices,  but  by  putting  Ualls  into  Balloting  Boxes,  to 
be  provided  for  that  Purpose,  for  the  Prevention  of  all 
Partiality,  and  whereby  every  Man  may  freely  choose 
accoi'ding  to  his  own  Judgment,  and  honest  Intention. 

Chapter  XXXTV. 
To  appoint  theii-  own  times  of  Meeting,  and  to  adjoui-n 
their  Sessions  fnjm  Time  to  Time  (within  the  said  Yearj 
to  such  Times  and  Places  as  they  shall  tliink  lit  and  con- 
venient, as  also  to  assertain  the  Number  of  their  Quorum, 
provide<l  such  Numbers  be  not  less  than  one  half  of  the 
whole,  in  whom  (or  more)  shall  be  the  full  Power  of  the 
General  Assembly  ;  and  that  the  Votes  of  tM'o  thirds  of 
the  said  Quorum,  oi"  more  of  them  if  assembled  together 
as  aforesaid,  sliull  be  (letei-minativi-  in  all  Cases  whatsoever 
coming  in  (jue>tion  befoi^e  them,  consonant  and  confor- 
mable to  these  Concessions  and  Pundauientals. 

Chapter  XXXV. 
That  the  said  Pi'oi)i-ietors  and  1- rceholdei-s  at  their  choice 
of  Persons  to  serve  them  in  the  (leneral  and  free  Assembly 
of  the  Province,  give  their  respective  Deputies  or  Trustees 
their  Instructions  at  large,  to  represent  their  Grievances, 
or  for  the  improvement  of  the  Province:  And  that  the 
Persons  chosen,  do  by  Indenture  under  Hand  and  Seal, 
covenant  and  oblige  tiiemseives  to  Act  nothing  in  that 
Capacity  but  what  shall  tend  to  the  tit  Service  and  Behoof 
of  those  that  send  and  em])loy  them  ;  and  that  in  case  of 
failer  of  Trust,  or  breach  of  Covenant,  that  they  be  ques- 
tioned upon  conij)laint  made,  in  that  or  the  next  Assembly, 
by  any  of  their  respective  Electors. 


IfiTT]  WEST    .lERSF.Y    CONCESSIONS.  265 

And  that  each  Member  of  the  Assembly  chosen  as  afore- 
said, be  allowed  one  Shilling  pet-  Day,  during  the  Time  of 
the  sitting  of  the  Assembly,  that  thereby  he  may  be  known 
to  be  the  Servant  of  the  People  :  Which  allowance  of  out 
Shilling  per  Day,  is  to  be  paid  him  by  the  Inhabitants  of 
the  Propriety  or  Division  that  shall  elect  him. 

Chapter  XXXYI. 
That  in  every  General  free  Assembly,  every  respective 
Member  hath  liberty  of  Speech  ;  that  no  Men  be  inter- 
rupted when  speaking ;  that  all  Questions  be  stated  with 
Deliberation  and  Liberty  for  amendments ;  that  it  be  put 
by  the  Chairman,  by  them  to  be  chosen,  and  determined 
by  plurality  of  Votes.  Also  that  every  Member  has  Power 
of  entering  his  Protest  and  reasons  of  Protestations.  And 
that  if  any  Member  of  such  Assembly  shall  require  to  have 
the  Persons  Names  Registered,  according  to  their  Yea's 
and  No'S,  that  it  be  accordingly  done  :  And  that  after 
Debates  are  past,  and  the  question  agreed  upon,  the  Doors 
of  the  House  be  set  open,  and  the  People  have  Liberty  to 
come  in  to  hear  and  be  AVitnesses  of  the  Votes,  and  the 
Inclinations  of  the  Persons  voting. 

Chapter  XXXVII. 
And  that  the  said  Assembly  do  elect,  constitute  and 
appoint  Ten  honest  and  able  Men,  to  be  Commissioners  of 
State,  for  managing  and  carrying  on  the  AflPairs  of  the  said 
Province,  according  to  the  Law  therein  established,  during 
the  adjournments  and  desolutions  of  the  said  General  free 
Assembly,  for  the  Concervation  and  Tranquility  of  the 
same. 

Chapter  XXXVIII. 

That  it  shall  be  lawful  for  any  Person  or  Persons  during 
the  Session  of  any  General  free  Assembly  in  that  Province, 
to  Address,  Remonstrate  or  Declare  any  Suffering,  Danger 
or  Grievance,  or  to  propose,  tender  or  request  any  Privi- 
lege, Prolit,  or  Advantage  to  the  said  Province,  they  not 
exceeding  the  JSTumber  of  one  Hundred  Persons. 


2fi6  XFW    .TKKj^KV    for.OXIAT.    rKMTNfFN'TS.  [1077 

(•li.iptiT  XXXIX. 
To  EiKict  and  make  all  such  i.aw.-s.  Acts  and  Constitu- 
tions as  shall  he  necessary  for  the  well  Government  of  thu 
said  Pro\ince,  (and  them  to  r('[)eali  ])rovi(led  that  the  same 
be,  as  near  as  may  he  comenicntly,  auiveable  to  the  primi- 
tive, antient  and  Fnudamental  Laws  of  the  Nation  of  /s'//.v- 
l((nd.  Provided  also,  that  they  he  not  against  any  of 
tliese  our  Concessions  and  I'undamentals  ht-fore  or  hereaftei" 
mention('(l. 

Chapter  XL. 

15v  Act  as  aforesaid,  t(j  constitute  all  Courts,  togetlier 
with  the  Limits,  Powers,  and  .lurisdictions  of  the  same, 
(consonant  to  these  Concessions)  as  also  the  several  Judges, 
Officer  and  Xuml)er  of  Officers  belonging  to  each  Court, 
to  Continue  such  time  as  they  shall  see  meet,  not  exceeding- 
one  Year  or  two  at  the  most,  with  theii-  res])ective  Sallaries, 
Fees  and  Per<|uisites,  and  their  appellations,  witli  the  Pen- 
alties that  shall  be  inflicted  upon  them,  for  the  Breach  of 
their  several  and  respective  Duties  and  Trusts.  And  that 
no  Person  or  Persons  whatsoever,  Inhabitants  of  the  said 
Province,  shall  sustain  or  bear  two  Offices  in  the  said 
Pi-o\inc(\  at  one  and  at  the  same  Time. 

Chapter  XLL 

I'll  A  I  all  the  Justices  and  ConstabU-s  be  clu).>en  by  the 
Peo])le  and  all  Commissioners  of  the  publick  Seals,  Treas- 
uries, and  Chief  Justices,  End)assadors,  and  Collectors  be 
chosen  liv  the  (Jeneral  Free  Assembly. 

Chapter  XLll. 

TuAT  the  Connnissionei's  of  the  Treasui-y  of  the  said 
Province,  bring  in  their  Account  at  the  end  of  their  Year, 
unto  the  (ieneral  Free  Assembly,  there  to  be  seen  and 
adjusted  ;  and  that  every  resi)ective  Member,  carry  a  Copy 
thereof,  unto  that  Hundred  or  Pro])riety  he  serves,  for  to 
be  Registered  in  the  Capital  puljlick  Court  of  that  Pro- 
priety. 


16TT]  WEST    JERSEY    CONCESSIONS.  26T 

Chapter  XLIII. 
By  Act  as  aforesaid,  to  lay  equal  Taxes  and  Assessments, 
and  ecjnallv  to  raise  Money's  or  Goods,  npon  all  Lands  or 
Persons,  within  the  several  Proprieties,  Precincts,  Hun- 
dreds, Tribes,  or  whatsoever  other  Divisions  shall  hereafter 
be  made  and  established  in  the  said  Province,  as  oft  as 
necessity  shall  require,  and  in  such  manner  as  to  them  shall 
seem  most  equal  and  easy  to  the  Inhabitants,  in  order  to 
the  better  supporting  of  the  publick  Charge  of  the  said 
Government,  as  also  for  the  ]nTblick  P)enefit  and  Advantage 
of  the  said  People  and  Province. 

Chapter  XLIV. 
By  Act  as  aforesaid,  to  subdivide  the  said  Province  into 
Hundreds,  Proprieties,  or  such  other  Divisions,  and  Dis- 
tinctions, as  they  shall  think  fit ;  and  the  said  Divisions,  to 
distinguish  by  such  ]S"ames  as  shall  be  thought  good  ;  as 
also'within  the  said  Province,  to  direct  and  appoint  Places, 
for  such  and  so  many  Towns,  Cities,  Ports,  Harbours, 
Creeks,  and  other  Places,  for  the  convenient  loading  and 
unloaden  of  Goods  and  Merchandize,  out  of  the  Ships, 
Boats  and  other  Vessels,  as  shall  be  expedient,  with  such 
Jurisdictions,  Privileges  and  Franchises,  to  such  Cities, 
Ports,  Harbours,  Creeks,  or  other  Places,  as  they  shall 
Judge  most  conducing  to  the  general  good  of  the  said 
Province,  and  People  thereof ;  and  to  erect,  raise  and 
build  within  the  said  Province,  or  any  Part  thereof,  such 
and  so  many  Market  Towns,  and  Yillages,  and  also  appoint 
such  and  so  many  Markets,  and  Fairs,  and  in  such  Place 
and  Places  as  they  shall  see  meet,  from  Time  to  Time,  as 
the  Grant  made  and  assigned  unto  the  said  Proprietors  will 
permit  and  admit. 

IN  Testimony  and  Witness  of  our  consent  to  and  ajjir- 
mation  of  these  present  Laios,  Concessions  and  Agreements, 
We  the  Proprietors,  Freeholders,  and  Inhabitants  of  the 
said  Province  of  West  New-Jersey,  vjhose  Names  are 
under  written^  ham  to  the  same  voluntarily  and  freely  set 


'jt;?^ 


NKW    JKRSEY    COl.oMAI.    l)c><  TMKNT: 


[1677 


our  Ilantl-^.  dated  ffiis  tldrd  Day  of  tlw  Jlonth  romnimdy 
called  March,  hi  tlie  Year  of  our  Lord  Oiif  Tliousand  six 
Hundred  and  Seventy  six.* 


/:.  Iti/li/iKje, 
Richard  Smithy 
'  Hldvmrd  Nethorp, 
John  Penford^ 
Darnel   H'/Z/.v, 
Thohidix  <tUict\ 
Thomas  Iii(di/a7'd, 
William  Biddle, 
Rohert  Stari/, 
t/ohri  tdrrnKjtdn, 
William  Iloydan, 
Richard  3feu\ 
Percivall  Toade^ 
Mahlon  Stacy, 
Thwnas  Budd^ 
Samuel  Jen inn.s, 
John  Lainhert, 
WiUiani  Heulinyn, 
George  Deacon, 
John  Thonijji<(/n,j- 
Edward  Bradway, 
Richard  Guy, 
Ja/nea  JVavill. 
William  Cantw>:^lL 
FoKj^e  Ont^tnnt, 
Maclajyd  Baron^ 
Caap.  llerinau, 
Turrxt'  l*le.se, 
Robert  KeudAe,  U 
John  Cornelise, 
Garret   Van  Jumne, 
Willi  a  in  Gill  John  .son, 


Gav^en  Laurie, 
William  Penn, 
William  t'mUy, 
Joshua   Wriyht, 
NicholoH  Lucaa, 
William  Ldaiy, 
William  Reachee, 
Hi<ihard  Mathewa, 
John  llaracis^ 
Francis  Colli n-s, 
William  Kent, 
Benjamin  aScoH,' 
Thomas  Lanthert, 
Thomas  Hooton., 
Henry  Stacy, 
Aert.  Jansen, 
John  Surege, 
Thom<xs  Smith, 
James  Pearce, 
Edward  Weh, 
John  l*ledger. 
Richard    WillJi'insou , 
Chrtstojfher  San ders, 
Reneare  Vanhurst, 
William  Johiisim, 
Charles  Bagley, 
Samuel  Wad*', 
Thomas  Woodrofe, 
J  (din  Sinith, 
Thomas  Peirce, 
William   Warner, 
Joseph   Warne, 


1    1676-7.    Eu. 


1677] 


WEST    JERSEY    CONCESSIONS. 


269 


Michael  Lackerotim^ 
Markas  Algus, 
Evert  Aldruiks^ 
Hendrick  Evemort,, 
Jillis  Tomeseri,, 
Clems  Jauson, 
Richard  Warsan. 
Christopher  White ^ 
Paxil  Doeguet^ 
John  Maddocks. 
John  Fo'rrist, 
James  Vicary, 
William  Rv  msey, 
Richard  Rohison, 
Marie  Reeve^  — 
"-  Thomas  Watson , 
'^SamAiel  Nicholson , 
Daniel  Smith, 
Richard  Daniel, 
William  Penton, 
WilUani  Daniel, 
Robert  Zone,  - 
Walter  Peiterson,  v 
Anthony  Page, 
A  ndrew  Bartleson , 
Woolley  Woollhon, 
Anthony  Dlchson,  / 
John  Denna, 
Thomas  Benson, 
John  Paine, 
Rich ard  Buffi n gto n . 
Samuel  Lord, 
Barnard  Decenii<h . 
Thomas  Stokes, 
ThAymas  Erench, 
Isaac  Mari'iot, 
John  Butchiu\ 


Isaac  Srrtart, 
Andrevj  Thonvpson,  ^ 
Thomas  Kent, 
Henry  Jenings^ 
Henry  Stuhhens, 
William  Willis, 
George  Haselvioodf 
Rodger  Pedrick., 
William  Hughes, 
Ahraharn  Vanhighst, 
Hipolitas  Lefever, 
William  Wilkinson , 
A  ridrein  Shennock^ 
Pause  Cornelicnts, 
Samuel  Hedge, 
William,  Master, 
John  GruM), 
John   Worlidge, 
E.  Meyor, 
Thomas  Barton, 
Robert  Pouiel, 
Th omas  Harding. 
Mathew  Allen, 
R.  Bight, 
~Godfrey  Hancock, 
John  Petty, 
A brahani  Ilewlings, 
John  NeAcbold, 
Jo] in   White, 
John,  Roberts, 
John  Wood, " 
John  Gosling, 
Thomas  Revel, 
FAiazer  Eentvn, 
Samuel  Oldalr, 
William  Black, 
A  /ithony    WoodhouKi^, 


270  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1^77 

Geo.  Hvtchinf<on,  Daniel  Le<df<, 

Thomafi  Gardnrr^  Jnhn  PdiiconKt^     / 

.full II    Barton,  WiU'tdiii   /jisiriilJ^ 

Jdliii  P(i'nn\  John  Snoirdm^ 

liiihiird  Feniiiio/Y,  Gruna  Jacohson^ 
TlioiiKi-s  Schooli  //, 


LetiaT    from    Governor  Andros    to   C<ipt<ini     BiJhqt^    Conr 
III miller  at  J\"i'ivcaf<t/> . 

[Froiii  ■' Xfw  YorU   ("<>l(>iii;il   Ilocuinenls."  A'ol.   XII,.  p.  rie4.) 

A    Lcttei-  to  Capt.  Billop  ('oimnaiidei' at   Delaware 
Cap'J'.  I)1I,i,(»i>  I  K.iinii-t.  \ 

I  lieMre  of  a  Fly  boat  the  Martha  of  Hull  aiTivrd  in  the 
River  with  Passengers  for  New  Jersey  (having  omniittefl) 
yon  are  I  mediately  to  send  by  expresse  an  acco*  of  all  trans- 
actions and  things  relateing  to  her  since  her  arrivall,  and  of 
goods  to  Cheife  Ct)llecto'"  of  every  Permit  is  or  shall  be 
given,  ha\ing  in  regard  of  the  time  a  yeart"  consented 
Passengers  A:  their  landing,  s(»  they  settle  under  y''  Dnke 
on  the  AVcst  side,  or  if  the  east  side  nndei- the  Comniis- 
sioners  upon  the  tl'ormer  Sliip])  ("omcing  authorized  liere 
also  under  his  \X,'s^'^  llignesse  and  ha\  ing  heard  Complaints, 
you  are  also  to  oivler  M'  Ilernuin  Clarke  of  the  Customes 
to  draw  out  and  send  an  exact  aeeo'  of  all  and  every  permitt 
or  other  transacon  fees,  gifts  oi'  other  moneys  or  effects, 
given  demanded  or  received  l)y  him  or  yo'selfe  from  Capt. 
Marlowsship  ^  Passengers  Kxamiiicd  A:  attested  byyo''selfe 
and  send  the  same  l)y  the  ;d)o\e  expresse,  without  delay 
to  Cheife  Collector  here,  i>f  all  wliich  I  ])ray  fnyle  not. 

I  am  ^u'- 

\\.   Anhkos.  S. 


1677]  GOT.  ANDROS  TO  W.  .rfcRSEY  COMMIPSIONEES.  271 


Letter  froin   (Tovernor  Atuliuhs  to  tU<     ConnniUfiionprH  for 
irr.y/  J<'ri^<'i/. 

[From   "New  Yorli  Colonial  Documents,"  Vol.  XII.   ji.  585.J 

A  Letter  to  Joseph  Ilelinsly,  John  Pen  ford,  Benjamin 

Scott  <fec  Commissioners  for  Xew  West  Jersey. 
Friends 

1  have  received  vonrs  of  the  IS"'  instiu  answer  to  wliich 
I  have  againe  writt  to  tlie  Coinrnander  &  Othcers  at  Dela- 
ware that  any  of  yo"  have  free  liberty  to  land  >k  settle  on 
j*^  west  side  as  well  as  the  east  (as  others)  under  his  Ry" 
Hignesse  &  shall  not  this  yeare  dispose  off  but  be  willing 
to  accommodate  you  with  thtt  Proporcons  of  Land,  in  my 
power  on  the  West  side,  but  cannot  I  think  so  much  as  you 
menccon,  Severall  having  made  application  a  great  while 
<k  particularly  towards  the  Falls  vfc  for  islands,  &  doe  daily, 
but  delayed  by  reason  of  the  Indian  troubles,  also  haveing 
heard  of  a  ffiy  boat  the  Martha  of  Hull  arrived  with  Pas- 
sengers, have  by  reason  of  the  late  season  of  the  yeare 
consented  and  given  directions  to  the  Commander  and 
Chief e  (Uistomes  there  that  they  be  permitted  to  land 
themselves  i^c  goods,  but  if  on  the  east  then  under  yonv 
authority  And  that  the  (■(jinmander  and  Custome  Othcers 
in  y'' River  shew  them  all  Just  flavour  <fc  not  rigorously 
exact  ffor  Entryes  or  perinitts,  but  })ut  as  many  i^-  neces- 
sary as  they  can  together  in  one  Permitt,  if  not  all,  the 
Planters,  but  if  March*'*  to  be  distinct,  which  I  doubt  not 
will  be  observed  or  upon  complaint  or  notice  shall  take 
further  order  to  the  just  satisfaecon  of  any  agrieved. 

This  is  further  to  give  you  notice  that  I  have  received 
leave  from  his  Poj*"  Highnesse  to  goe  home  this  Winter 
so  as  to  returne  in  y®  Si)ring,  vV.  that  upon  advice  of  the 
(piiett  good  state  of  all  parts  of  the  Govei'm*^  I  have 
resolved  going,  which  I  intend  God  willing  in  a  ship  now 


272  NEW  JERSEY  COLONIAL  DOCUMENTS.       [1677 

here,  a  loading  for  London,  And  hope  may  bee  ready  this 
month,  Leaving  orders  for  all  things  in  the  (roverm'  every 
where  to  remaine  as  now  settled  T  am 

Yo*^  ffriend  to  serve  yon 

E.     A  NOR  OS 

New  "^'ork  Octo''  IT  U'iTT 


Ojfyinion  of  Certain   Engl-ish    LaioyerH  on    fhf^  PaUnt   of 
Governor  JV?  colls  for  Elizahethtoum . 

IFrom  N.  T.  Col.  MSS.,  in  Secretary  of  State's  Office.  Albany,  Vol.  XXIV,.  p.  l.] 

Connceirs  Opinions  conceniinir  Coll  Nicolls'  Pattent 
.•ind    Indian    Purchases." 

The  land  called  N  York  and  other  i>art6  in  America 
now  called  N  East  Jersey  was  first  discovered  hy  Sebastian 
(^obbitt,  a  subject  of  England  in  King  Ilenery  the  7"'"  time 
a  bont  ISd  years  since  and  afterwards  further  by  Sr.  Walter 
Raleigh  in  ye  reign  of  King  James  and  also  by  the  Lord 
Delaware  ct  began  to  be  jjlanted  in  ye  year  1«!14  by  T>utch 
A:  English  the  Dutch  placed  a  Goveruonr  there  but  upon 
complaint  made  by  the  King  of  England  to  ye  States  of 
Holand  the  sd  States  ])isowned  ye  Bisness  A:  Declared  it 
was  only  a  Private  Undertaking  of  ye  West  India  Company 
of  Amsterdam  so  ye  King  of  England  granted  a  Com'son  to 
Sr.  Edward  Layden  [Ploydeni!]  t(»  plant  these  parts  calling 
them  new  Albion  <fc  ye  Dutch  submitted  themselves  to  ye 
English  Government  but  in  King  Charels  ye  1"'  lleign  ye 
troubles  in  England  ])reaking  forth  the  English  not  mind- 
ing t<»  promote  these  new  ])l;intations  becau.se  of  ye  troubles 
ye  Dutch  Pretended  to  Establisli  a  (Jover.  there  again  until 
ye  year  10<lo  when  afterwards  it  was  reduced  under  ye 
English  GoNernment  ^V  included  cV  Ratityed  in  ye  pea(!e 
made  between  England  iV  Holland  then  it  was  (Granted  to 
ye  Duke  of  York  KKU  who  ye  same  year  Granted  it  to  ye 
Ld  Barcklay  v.V  Ld  George  Cai-trett  and  .Notice  thereof  in 

1   T'liiitcil  ill  Kli>:ib<'tht<«wii  Bill  in  Cliancery.  p.   «0,  an  of  dat#  1677.    En. 


1677]  OPINION    ON    ELIZABETHTOWN    GKANT.  273 

America  Sevrall  Persons  took  grants  of  Lands  from  Coll. 
Nicolls  ye  Duke's  Gover.  Severall  of  ye  Planters  have 
purchased  of  ye  Indians  but  Pefuse  to  pay  any  acknowledg- 
ment to  ye  King's  Grantees. 

Q.  J-'  Wither  ye  grants  made  by  Coll.  Nicolls  are  good 
agst  the  assigns  of  ye  Ld  Berckly  &  Ld  George  Cartrett 

Q  2°^  Wither  the  grant  from  ye  Indians  be  sufhcient 
to  any  planter  without  a  grant  from  ye  King  or  his 
Assignes 

Ans  1**  To  ye  first  Question  the  authority  by  which 
Coll.  Nicolls  acted  Determined  by  ye  Duke's  Grant  to  ye 
Ld  Berckley  ct  Ld  George  Cartrett  &  all  Grants  made  by 
him  afterwards  (though  according  to  ye  Comission)  are 
void  for  ye  Delegated  power  w**  Coll  Nicolls  had  of  mak- 
ing grants  of  ye  Land  could  Last  no  Longer  than  his  Maj* 
Intrest  wdio  gave  him  yt  Power  &  ye  having  or  not  having 
IS^otice  of  ye  Duke's  Grant  to  ye  Lord  Berkeley  &  S'^ 
George  Cartret  makes  no  Difference  in  ye  Law  but  ye  want 
of  x^otice  makes  it  gi-eat  Equity  yt  ye  Present  Proprietr 
should  Confirm  Such  Grants  to  ye  People  who  will  submit 
to  3'e  Conssions  and  Payments  of  the  Present  Projjrietors 
Quitt  rents  otherwise  they  may  look  upon  them  as  Des- 
seizors  and  treat  them  as  such. 

Anser  to  the  2**  Question  by  ye  I^aw  of  Nations  if  any 
People  make  Discover}-  of  any  Contry  of  Barbarians  the 
Prince  of  yt  People  who  makes  ye  Discovery  hath  ye 
Tiight  of  ye  Soyle  and  Goverment  of  ye  Place  &  no  j)eople 
can  plant  there  without  ye  consent  of  ye  Prince  or  of  sucli 
Persons  to  whom  the  right  is  Devoulved  and  Conveyed  the 
practice  of  all  Plantations  has  been  according  to  this  &  no 
people  has  been  suffered  to  take  ye  Land  but  by  ye  Consent 
and  Lycence  of  ye  Gov'"  or  Proprietors  under  ye  Prince's 
tytle  whose  people  made  ye  first  Discovery  &  upon  their 
Submission  to  ye  Law  of  ye  Place  and  Contribution  to  ye 
Publick  charges  of  the  place  &  ye  Payment  of  such  Rent  & 
other  value  for  ye  soile  as  ye  Proprietor  for  ye  time  being 
Kequire  and  tho'  it  hath  l)een  and  still  is  ye  LTsual  Practice 


274  NKW    .IKF^>-EY    ((if.riMAI.    n<  •«  rMF:NTP.  [1677 

of  all  Proprief"  to  i^ivo  their  hi<liaiis  some  Ileeon»j)ence 
for  their  Lands  ct  so  seems  to  Purchase  it  of  them  it  is  not 
(lone  for  want  of  sufficient  title  from  ye  King  or  Prince 
who  hath  ye  Right  of  Discovery  but  out  of  Prudence  Sz 
C^hrystian  Charity  least  otherwise  the  Indians  might  have 
Destroyed  ye  first  Planters  (m'Iio  are  Usually  too  few  to 
Defend  themselves)  or  Refuse  all  ("oinmerce  and  Conver- 
sation w*''  ye  Planters  <k  thereby  all  hopes  of  converting 
them  to  ye  Christian  Faith  would  be  Lost  In  this  ye  Com- 
mon Law  of  England  and  ye  ('i\il  Law  doth  agree  iV  if 
any  Planter  be  Refractoi-y  i\:  will  Insist  on  his  Lulian 
Purchase  and  not  submit  to  this  Law  of  Plantations  ye 
Proprief'^  who  have  ye  Title  Lnder  ye  Prince  may  den}' 
them  ye  ]3enefit  of  ye  Law  i^^-  Prohibitt  Commerce  Avith 
them  as  Opposers  &  Enemies  tu  ye  Puldick  i*eace.  J^e- 
sides  'tis  Cservable  yt  no  man  can  goe  from  Kngland  to 
plant  in  an  English  Plantation  without  Leave  from  ye 
Govermt  Sz  theref(.»re  in  all  l*attents  6c  (4 rants  of  Planta- 
tions fi'om  ye  King  a  l^articular  Lycence  to  carry  over 
Planters  is  incerted  w'*'  Power  in  ]*i-ohibitting  is  now  in  ye 
Pi'opriet"  as  ye  King\s  Assigns  and  therefore  tho  some 
Planters  have  purchased  from  ye  Lidians  yett  having  done 
soe  without  ye  Consent  of  ve  l^ropricf  for  ye  time  being 
ye  title  is  good  against  ye  Indians  but  not  against  the 
Propriat'-''  without  a  Confii-mation  from  tliem  u])on  the 
Usuall  terms  of  other  Plantations 

Wii-LiAM  Leck  John  IIovi-k  Rim"  Wallop 

W*'  Williams  Jo:  IIolt  Hen:  Pollexssen 

Jo:  HoLLES  W"  Thompson 

A  true  copy 

Cawen  Lawrie  Robt  West. 


[From  "New  York  Colonial  Dncnmciits."  Vol.  XIL.  p.  5!>'.'.| 

Depositions  of  Edmond  Caiitwell,  Justice  Fop  Our- 
boiit,  Michael  Baton  and  Revnier  Van  Tli . 


16TS]  DEPOSITIONS    RESPECTING    FENWICKE.  275 

in  a  court  held  at  New  Castle,  relative  to  tlie 
conduct  of  John  Fenwicke  at  a  meeting  held 
on  the  east  side  of  the  Delaware  River. 

Att  a  Court  held  in  New  Castle  9"'  day  of  May  [1078] 

Edmond  Cantwell  declared in  K:  Salem 

(alias)  Swaniptowne,   of  Aprill  1678  ;  where   MajoV  John 
Fenwike  ordered  a  meeting  of  y^  east  syde  of  This  River, 
hee  the  s*^'  Fenwike  did  then  apoint  suitable  oftieers  viz' 
Samuell  Hedge   Snrveyo''  Gener",    James    Novell   to   bee 
secretary,  Samuell  Winder  Registe"",  and  declared  that  hee 
would  nominate  and  appoint  other  officers  att  his  Leasure 
and  caused  his  s*^  Secretary  to  read  severall  papers,  as  his 
Mag"?*  Pattent  to  his  Roy"  highnesse,  and  his  Roy"  high- 
nesse  to  y''  Lord  Berckley,  and  a  Coppy  (as  he  said)  of  y*" 
Lord  Berckleys,  to  him  the  s''  ft'enwicke  w'^  severall  other 
papers  w"''^  y®  attestant  did  not  mindc,  and  after  y"  Reading 
of  all  these  papers  hee  the  s''  ffenwike,  demanded  in  his 
mag"^    name    the    Suppreority    and    the    submission   of  y® 
People  there  as  his  Right  and  propriety,  after  his  demand 
he  brought   a  Paper  upon  the  Table  in  the  forme  of  an 
oath  or  some  such   thing,  w*^^''  severall   of  his  People  or 
officers  sighned,  after  they  had  don,  I  tould  him  that  the 
most  parte  of  the  People  that  was  there,   did  not  know 
what  was  read,  hee  answered  mee  that  they  could  know 
well  a  noff  to  take  away  his  Land,  I  alsoe  tould  him  that 
there  was  a  small  Levy  Laid  by  the  Co'!'  upon  y''  People  on 
that  syde  he  said  y**  Co'.''  had  no  power  to  Lay  no  Levy  on 
that  syde  6z  said  whoe  soever  did  pay  any  Levy  should  for- 
feit their  Lands  A:  priviledges.     I  asked  him  if  hee  would 
beare  them  out  &  hold  them  harmlesse  hee  said  hee  Avould 
give  them  his  hand  to  answer  itt  before  the     .     .     .     and 
sayed  that  the  People  should  stand  on  their  owne  defence 
if  any  boddy  came  to  demand  it,  and  alsoe  did  forbid  Fop 
Outhout  not  to  act  any  thing  in  behalfe  of  y'^  Co'.'  of  New 
Castle  upon  the  foi-fciture  of  Ids  Estate.     I  told  him  y*  his 
bono''  y*'  Governo''  had  Commissionated  him  the  s**  M!"  Out- 


276  \KW  .IKKSKY    COI.^tMAr,    DOCUMENTR.  [167S 

hoiit,  and  was  still  jileased  for  r<»  Continue  liini,  hee  said 
tlie  (Tovcrno''  had  notliiiii;  to  doe  on  that  Syde,  ai)d  that  hee 
meaning  liiniselfe  M'as  Subject  to  no  man  but  God  and  tlie 
King,  hee  alsoe  said  tliat  hee  would  doc  imr  act  iu.>thiiig 
w'^  out  the  advyse  of  his  Counsill  w'*'  hee  would  nomiinitc 
verrv  suddeidy.  w"'  sevei'nll  more  Speeches  w'*'  y''  attestant 
doth  not  now  KeniemlnT. 

Justice  fop  Outhout  declares  to  have  been  p'V.ent  w'*' 
('a]>t.  ( "antwell  and  to  have  heard  In  Su])stance,  the  same 
that  is  hereabove  declai-ed  by  the  s''  ('ap!  ('antwell  : 

JVf  Machiell  ]'atou   ami    Reynier  van  the 

Sworne  In  CoV  declare  in  Sul>stance  to  have  heard  y''  same 
as  hereabove  by  Cap'  (antwell  is  declared. 

-lohannes  Vix 

in  ( 'o"  declaivs 

one  (rillis  Ci ' 

River,  Sonu' 

of  A])ril  Last  ]»ast  ....  Major  John  Fenwicke  came 
to  tbe  house  iV:  demanded  why  y''  depoiumt  iV;  y''  rest  y' 
were  tliei'c  did  not  come  att  New  Salem  as  others  did  to 
acknowledge  him  (meaneing  himselfe  to  bee  Loi'd  Sz  pro- 
prietor of  y''  jdace)  I  pon  which  the)'  answered  him  saying 
how  they  could  owne  him,  so  Long  as  they  ]>aid  Levy  to 
witt  12.T  gilders  p!"  head  att  ?sew  Castle  Co"'.'^ — AV^hereu])f»n 
hee  the  s'!  tenwike  Replyed  saying  that  all  those  who(>  paid 
y'^'  same  should  never  Injoy  a  foot  of  Laiul  on  tlie  Lastern 
Sliore.  and  further  sayeth  Tiot. 

These  afore  staiubng  Testimonys  ai'c  'line.  ('o])j)ies  out 
of  y*' Records  K.xam:   p':  Ki-u  1Iekm.\.\. 

% 
I^iuicJd iiiiifioii    of    JiiJni     I'<  II  iricj,)     to    Cjii i mil ni.s   iij     I.iiiiil. 
(From  Johnson's  "  Historical  .\(;connt  of  the  First  Settlement  of  Salem,  '  p.  2^.  | 

The    Sinnnions  foi-  persons     to    enter    tlieii'    cdninis 
within  a  montb. 

jS'(».  C.KS.  .v-v. 

1>\'  Joliii   fctiwick.  Esq..  T>ord  or  chief  jwoprietor  of 


IfiTS]  PKtXl.AAlATloX    OF    .lOll.N     KKNWK'KK.  277 

the  said  pruviiiee,  and  in  pai'ticular  of  Fen- 
wick's  colony,  witliiu  the  same. 
Whereas  there  are  divers  aiul  sundry  persons,  both  Diitcli 
and  French,  as  well  as  En_ii;h's]i,  who  have  presinned  upon 
none  or  very  slender  ])retences  to  claim  an  interest  unto 
several  tracts,  pieces  and  parcels  of  land,  lying  within  my 
said  colony,  withont  applying;  themselves  unto  me,  and 
producing  any  lawful  authority  to  warrant  their  doings 
thei'ein  ;  and  to  secure  them  who  have  entered  upon,  cut 
down  the  woods,  and  settled  themselves  upon  their  sup- 
posed plantations,  either  as  their  tenants  or  purchasers,  all 
which  tends  to  the  breach  of  the  king's  peace  within  the 
said  colony,  besides  the  obstj-ucting  of  the  settlement  thei-e- 
of,  contrary  to  his  majesty's  letters  patent,  beai'ing  date  the 
twelfth  day  of  March,  in  the  sixteenth  year  of  his  reign. 
The  grant  from  James  Duke  of  Yorke,  bearing  date*  the 
four-and-twentieth  day  of  June,  in  tlie  said  sixteenth  year 
of  his  said  majesty's  reign,  made  unto  John  Lord  Berkeley 
and  Sir  George  Carteret,  knight  and  baronet,  jointly. 
And  the  said  Lord  Berkeley's  deed,  made  unto  me,  of  his 
whole  moiety  and  half  part,  bearing  date  the  eighteenth 
day  of  tlie  First  month,  commonly  called  March,  in  the 
year  one  thousand  six  hundred  seventy-and-tliree,  and 
enrolled  in  the  high  court  of  chancery  within  the  kingdom 
of  England,  and  hath  been  produced  to  Major  Edmund 
Andi-oss,  the  Governor  of  New  York,  and  his  council,  for 
theii-  pi-eventing  of  future  trouble,  and  the  furtherance  of 
the  settling  of  the  said  moiety,  half  ])art  and  colony,  by  me, 
and  all  and  every  tlie  purchasers  who  lawfully  claim  under 
me.  These  are  therefore  to  will  and  require  all  and  every 
such  person  and  persons  above  mentioned,  and  in  his 
nuijesty's  name,  straightly  to  charge  and  conunand  them, 
and  every  of  them,  to  come  aiul  appear  before  me,  and  to 
bring  every  paper,  order  and  warrant,  Avhicli  they  have  to 
show  for  their  pretended  titles,  to  the  end  they  may  be 
enrolled  in  a  book  for  that  purpose  provided,  and  there- 
upon a  day  appointed  foi-  their  several  appearance  before 


278  np:w  .ieijskv  coi.omai.  hoci-mknts.  [16TS 

me  and  my  eoiiiifil,  in  order  to  a  final  determination  of 
eacli  man's  ])arti('ular  interest,  aeeoi'ding  to  the  law  of  Eng- 
land, and  tlie  said  late  lords  proprietors'  concessions  estab- 
lished in  order  thei'ennto  within  the  said  province,  in  ])iir- 
suanee  of  the  said  letters  pattent  and  several  grants  afore- 
said ;  so  that  I,  and  them  the  said  ])ersons  with  all  that 
claim  under  me,  may  not  only  receive  satisfaction,  but  also 
that  my  said  colony,  and  all  the  planters  within  the  same, 
may  be  settled  in  the  love  of  God  by  the  laws  of  the  king 
of  England,  and  in  that  ])eacc  which  becomes  all  our  great 
professions  of  being  chi-istians,  and  declaratic^ns.  oaths  and 
subscrii)tions  of  our  beai'lnir  true  allegiance  unto  the  kint; 
of  England,  his  heirs  and  successors;  and  to  all  and  e\erv 
person  and  ])er£ons  that  are  concei'ned  as  afoi'esaid,  and  not 
to  fail,  ujxMi  iu)tice  hereof,  forthwith  to  a])])ear  accordingly, 
so  'as  within  one  month  aftei-  the  date  hereof,  the  business 
may  be  settled,  and  tliey  no  ways  to  suffer  thi'ough  their 
contempt. 

Given  undei"  my  hand  and  seal,  at  New  Salem  this  six- 
teenth day  of  the  Third  month,  commonly  called  May,  in 
the  year,  according  to  the  English  account,  one  thousand 
six  hundred  seventy  and  eight,  and  in  the  thirtieth  year  of 
the  reign  of  Kin<i'  Charles  the  Second  oi  England,  ^Vrc. 


(h'ih  r  of  (\niiicil  A(jtiinsl  JaJin   l'(  iin'iclr. 

[From  ■•  Xew  Voik  ("oloiiial  Docuinonts,  "  Vol.  XII.,  p.  ,"ii)-I.| 

Ordei-  for  tlie  Suspension  of  certain  "  ultemtions  " 
begun  to  ])e  made  by  Major  Jolin  Fenwioke 
on  the  Kast  side  of  Delaware  Ri\er  and 
that  be  cease  acting  there  undei'  his  pretended 

autlioritv. 

At  a  Conn  cell  May  :  22''  1(578 
Tpon    the   licceit  of   Letf^   from  y'^   Magistrates  of  the 
Towne  of  New  Castle  in  Delaware  about   the  alterac'ons 
begun  to  bee  made  b}'  Major  John  Fenwick  on  the  East  of 


1678]  ORDKK    AOAINST    FENWICKK.  279 

the  Ki\'er  where  Contrary  to  his  Engageiu^  and  Parole  he 
hath  acted  by  assuming  a  pretended  power  to  himselfe, 
The  same  being  taken  into  Consideracon,  to  prevent  any 
Mischiefe  tliat  may  hap]H^n  npon  tliat  Aee\ 

Its  Ordered  that  a  Messenger  bee  forth  with  sent  expresse 
to  the  Commander  ct  Justices  att  New  Castle  in  Delaware 
who  are  to  give  notice  to  the  s*^  Majo''  Fenwjck,  that 
according  to  his  Parole  bee  forbeare,  tlie  Assuming  any 
powei"  of  Governnm*  to  himselfe,  on  the  Eastside  of  Dela- 
ware River,  or  any  where  else  in  those  parts,  unlesse  he 
produce  more  Authentick  power  out  of  Eng'.''  then  liee 
hath  yett  done,  which  ought  first  to  bee  made  knowne  to 
y*'  GovernoV  in  this  place  and  in  Case  of  Refusall,  The  said 
Commander  &  Justice  are  hereby  required  to  order  him  to 
Come  to  l^ew  Yorke  within  the  space  of  28  days  to  make 
answer  to  what  shall  be6  alleadged  ag^.*^  him  on  that  behalfe 
and  for  breach  of  his  Parole  which  if  he  deny  to  do  that 
then  the  s*^  Commander  A:  Magistrates  doe  use  force  to 
Secure  his  person  and  send  him  hither  without  delay. 

By  order  of  Councell  M.  N.  Sec— 


Lettei'  from,  Seci-etary  NkoUs  to  the  Court  at  Newcastle. 

[From  ''Xew  York  Colonial  Doouiiieiits,"  \'ol.  XII.,  p.  595.] 

lExtrad:\ 

Gent.  Yo';'  of  the  9"^  inst.  arrived  here  the  beginning 
of  the  weeke,  which  having  not  the  hap  to  find  the  Go: 
returned,  was  communicated  to  the  Councell : — Vpon  Con- 
sideracon of  t!ie  new  alteracons  made  by  MajoV  Jolm 
Fenwyck  on  the  East  side  of  the  River,  &  perusall  of  the 
Testimonyes  &  Informacons  given  concerning  the  same, 
They  have  thought  good  to  make  the  inclosed  order,  wliich 
they  desire  you  will  doe  yo-  part  to  see  it  put  in  execucon, 
if  occasion,  but  with  as  little  mischeifc  as  may  bee,  Cap' 

Billo[)  is  written  to  likewise  concerning  it 

Gent.     Yr  Most  liumble  Serv!^ 
By  order  of  the  Councell.  M.  N.  Seer. 

May  25—1678 


280  Xi:W    JKRSKY    COI.ONIAI.    DociArKNTS.  [lf)78 


MinuU  of  Council^  'm  Relation  to  John   Fcnir'n-k/u  <yn  the 

Delanud't'. 

I  Kioiu  ''  New  \()rk  Colonial  DDciiniontH,  "  Vol.  XII.,  p.  .i»7.1 

At  a  Councell  k(t  June  18:  IflTS 
The  matter  of  the  Letters  Ilec^  from  Dehiware  mai;is- 
trates  at  New  Castle  and  the  Commander  concerning  Ma  jo"" 
Fenwyck  &c.  Tlie  former  orders  being  taken  into  consid- 
eracon  and  tlie  positive  dii-cctions  sent,  thi'  which  they 
neglected, 

The  Conncell  doth  not  think  litt  to  Alter  any  thing  of 
their  former  orders  being  litt,  but  leave  them  to  answer 
their  Keglect  to  the  Go:  who  is  daily  expected  &  all  the 
prejudice  or  raischiefe  that  may  happen  thereby,  to  lye  at 
their  doors. 


Letter  from  the  Council  to  the  JLo/Lst/'tites,  and  Proeeed- 
ings  of  the  Coininander  and  Justices,  at  JVewcastle, 
'in  FCelation  to  the  Matter  of  John  FenwicJce. 

[From  ''New  Vork  Colonial  IJocumeuts,"  Vol.  XII.,  p.  598-60i2.J 

Gent. 

Yo'"  of  the  5'.''  by  the  returne  of  the  expresse  A:  sent  to 
you  by  the  Councell  arrived  here  y*^  beginning  of  the  weeke, 
bnt  yo"'  answer  seems  very  little  satisfactory  to  any  particu- 
lar they  writte  a])out  ;  as  to  the  Order  sent  cr)ncerning 
Majo''  Fenwyck  the  ('ouncell  then  did  thinke,  vV  upon 
serious  pei-usall  of  the  same  againe  doe  find  that  it  was 
absolute  and  full,  It  expressing  That  in  case  of  his  Ilefusall 
to  act  in  assuming  a  power  of  Govern'"^  tohimselfe  or  deny 
all  to  come  to  New  Yorke  U])on  yo*"  sumons  according  to 
his  parole,  That  then  the  Comander  &  you  the  Magis- 
trates were  to  use  force  to  secure  his  person  6z  send  him 
hither,  so  you  needed   nut   any  new  Result  to  bee  directed 


iHTiS]  PROCEEDINGS    A(;AINST    FEN  W  K'KE.  281 

to  j'selves  alone  (it  being  thought  iitt  to  direct  it  to  the 
Comand''  also)  more  absolute  then  the  former,  which  the 
Councell  thinke  sutRcient,  so  shall  not  alter  any  thing 
therein,  but  leave  you  to  answer  yo''  Xeglect  to  the  Go: 
who  is  duely  expected,  &  all  prejudice  or  mischiefe  that 
uva.y  happen  thereby,  to  lye  at  yo''  doores,  they  having  done 
their  dutv. 


Att  a  meeting  of  y*^  GomandV  and  Justices  held  in  the 
Towne  of  New'  Castle  July  IT^'^  1678 

The  Letter  from  the  Hono'':*'  Read  and  the  businesse  of 
MajoV  Fenwike  taken  into  consideracon  by  the  Commander 
&  Justices  of  this  Court,  and  Cap^  Billop  signifying  that 
att  his  Laest  being  over  att  Salum  the  Laest  weeke,  that 
then  Mayo'"  fenwike  was  willing  to  answer  the  hono''^^^ 
Conncills  order  at  New  Yorke,  and  that  hee  will  surrender 
himselfe  att  New  Yorke  according  to  his  Parole,  Resolved 
and  ordered  by  the  Commander  Joyntly  w**^  the  Court  that 
Mayo''  fenwike  in  case  hee  will  give  under  liis  hand  by  a 
Letter  to  y®  Counsill  that  hee  will  not  act  by  assuming  any 
power  of  Governm'  to  himselfe  on  that  syde  of  the  River 
or  any  where  Else,  and  y*  hee  w^^in  the  space  of  Twenty 
dayes  premisses  to  make  his  p'"sonall  appearance  att  New 
Yorke  according  to  his  Parole — that  then  hee  bee  Left 
there  but  in  case  of  Refusall  and  that  he  doth  not  send  a 
satisfactory  answer.  That  then  the  s*^  Commander  together 
w"'  y®  high  Sherrife  Presse  and  take  w"^  them  so  many  of 
the  Militia  as  they  think  fitt  and  w"^^  tiiem  Seize  the  s*^  fen- 
wiks  p''son  and  send  hime  to  New  Yorke  w"'out  delay 
according  to  the  order  of  the  hono''^'®  Counsil — 

A  true  copy  out  of  the  Records  Exam:  p' 

Epe:  Herman'  Cli' 


Folio weth  the  Letter  sent  to  May''  Fenwike 
Mayo''  Fenwicke 

S""     Cap^  Billop  Signifying  to  us  that  you  have  altered 
yo''  former  Resolucon   and   that  now  3^ou  are  willing  to 


282  NKW    .IKHSKV    Cor.oNlAl.    DttClMKNTS.  [1»)7H 

answer  tlic  order  from  the  Ikmio'''''''  Connsill  of  New  Yoi-ke, 
and  that  you  will  got' and  there  surrender  Yo'selfe  aecoi-ding 
to  yo''  Pai'ole.  Now  tlierefore  if  vou  will  foi-heare  the 
Assuming  any  ])oM'er  of  (Tovernni!^  to  yo'selfe,  and  w"'in 
the  spaee  of  20  days  will  aj)})eare  in  Xew  Yoi-ke  and  then 
surrender  yo''selfe  according  to  yo""  Parole  then  Signify  soe 
mutch  in  a  Letter  under  yo'"  liand  to  the  hono'"'''''  Counsill 
in  Xew  Yorke,  and  send  y*^  same  Letter  open  to  us  under  a 
Couert  by  this  bearer  that  soe  we  may  bee  possitive  of  yo"^ 
Resolucon 

Kemainiiig  S'' 

Yor  Affectionate  friends 
(was  signed)  Chris.  Biluh' 

John  Moll 
Petp:r  Alkichs 

FoF    OUTHOUT 

N  Castle  Jean  Paul  Jac^ikt 

July  17'"  1678  Gerkktt  Otto 

Memoi-andum  in  answer  to  y^  above  ^Nlago""  fenwike  sent 
a  Letter  to  y*^  Counsill,  ami  one  to  y**  wryters  of  y*^  above, 
which  both  are  vett  in  the  hands  of  ve  Commander. 


Letter  from  the  Magisti-ales  to  Capt.  Matthias   Nicolls  and 
the  rest  of  the  Council,  in  I'ldatioii  to  Major  Fenwick's 
case. — 
HoNo'""'"  S«-— 

Yo'  Letf  of  y*^  2P.'  of  June  Laost  we  Ileceived  Li  answer 
to  \v''.''  wee  Reply,  that  the  occasion  of  o'.'  wryting  alone  the 
5'.''  of  the  same  month  (in  w'!'  to  or  sorrow  yo'.'  Tlono''"  Pci)ly 
to  Receive  so  Little  Sattisfaction)  was  not  that  wee  desiered 
to  bee  only  Concerned  w'l'out  the  Coniander,  Jjut  that  w'.'' 
was  writt  then  Concerning  mayo''  fenwike,  we  had  out  o*" 
y*"  mouth  (jf  the  said  Commander,  (who  mutch  takes  the 
part  of  &  is  a  great  frind  to  the  s^  fenwike)  and  his  not 
Signing  of  y^  s'!  Lef  :  was  by  Reason  the  other  particulars 
therein  nienconed  Conseriu^d  him  nott  : — 13v  the  Liclosed 


1678]  ]'KOCKEDI2SrGS    AGAINST    FENAVICKK.  288 

Coppies  yoV  Hono^  will  see  what  Result  hath  ben  tacken 
hy  y®  ComaiicU  &  ns  since  the  Receipt  of  yo''  Hono'"''  s** 
Lett'.',  and  sence  the  Coniander  &  high  Sherrife  have 
fetched  y*^  s'l  fenwicke  to  this  Towne  and  although  itt  was 
supposed  to  bee  a  more  securer  A:  better  way  to  send  him 
by  waeter  i:i  this  Sloope,  Yett  the  Comand'thinkes  it  best  to 
send  him  b}'  Land  ;  w'^''  hee  Lykewyse  hatii  obligetli  to  doe  ; 

Eono"'^'''  S''^  Yo'"  Hono''"  most  humble  Subjects  &  Serv'.'^ 
The  Co:.'  of  y''  Towne  of  New  Castle 
New  Castle  By  order  of  y*^  same 

July  24^'^  1078  Eph:  Hekmax  Clr 


Council  Minute — Major  Fenwicks  case. 

Att  a  Councell  &c  Aug  22—78 

Pres*  M'.-  Delavall      Mayo''     The  Go:  &  full  Councell. 

Major  John  Fenwyck's  Case  about  his  Late  disturbance, 
was  at  his  Request  heard  this  morning.  Hee  had  Coj)yes 
before  of  what  is  layd  to  his  charge,  being  the  several 
Dej^osieons.  Hee  desires  time  to  answer  &  to  prepare 
witnesses  on  his  part.  Alleadges  his  Interest  particular 
&  distinct  from  this  Govm^  so  not  to  bee  Judged  or  con- 
cluded by  it,  pretends  to  Appeale  from  the  Assizes  Judg- 
m!^  to  y**  K:  &  desired  leave  to  goe  home  about  his 
witnesses,  but  not  allowed. 


y^ame«  of'  Pri'nons  at  Salem.)  where  Majjor  Fenwicke  Settled. 

[Flora  "New  York  Colonial  Dooiuuents,"  Vol.  XII..  p  OOd.) 

Names  of  persons  at  Salem  or  Swampe  Towne  where 
Ma  jo''  Fenw^'ck  satt  downe.  Given  in  by  M'"  Malster 
Octb'"  25"'  1678 

W"  Penn     W"  Penton  Edw"*  Chamnis 

James  Newell  quaker  Richard  Guy  quaker 

George  Deacon  quaker  W"  Malster 

Edw'^  Broadway  quaker  William  Penton 


->•+  -NKW    .)KK>i:^  (  <>l.<i.M.\[.     Dim  I  MKXTS.  [1678 

S;mi'  IIcMli,^'         '.  liiclianl  Guv 

John  Sjiiith  qiiaker  Michael  Baron 

Edw*^  Wade  quakei-  EdM-ard  Broad wav 

Rich*^  Hancock    i  William  Malster 

Micheill  Baron  Edward  Ward 


Coiiiini.stiioii  for    K  ilhani    l*e/iton  ami   Othi'rti  to   be  (Jver- 
neers  at  Salem,  X.  -/. 

I  Fioui  "  New  Vork  Colfiiiial  Doriiiueuts."  Vol.  Xll..  \^.  (ilo.) 

C'oiiiinissioii    ['((P   W'"   Peiiti^ii,    Kiidiai-d  (Tuy  James 
Nevell  tV:c. 

S'"  Ednniud  Andross  Kiil  cVc  Bv  N'irtiic  of  the  .Vutlioi-ity 
derived  unto  niee,  I  doe  hereby  Constitute  appoint  and  In 
hie  Ma"'''*  name  Authorize  you  W"  Penton,  Rieh'd  Guy 
James  JS'evell,  Edward  Broadway,  W""  Malster  &  Edw*! 
Ward  to  bee  Overseers,  Select  men  oi-  Commissioners,  on 
the  West  side  of  Xew  Jersey  on  Delaware  River  att  Elen- 
burgh  In  Verckens  kill  or  liug<;'  Creeke,  commonly  called 
Salem  (ir  Swamp  Towne,  A:  j)ai-ts  adjacent  for  One  yeare 
or  farther  Order,  amongst  the  new  Comoners  there  and  if 
any  dispute  or  difference  hapen  to  arise  anjongst  them  and 
Old  Inhabitants  of  those  \^'^,  that  then  W.  Ifop  Onthout, 
who  liath  beene  an  antient  Inhabitant  there  v.^"  is  now  one 
tlie  Justices  of  New  Castle,  ha\e  Notice  thereof,  M'ho  is 
authori/.ed  upon  Such  Occasion  to  bee  one  of  the  Co''  it 
being  thci-e  is  to  preside  tt  yon  or  any  four  (»f  von,  to 
keepe  a  Co''  as  Towne  or  Corporacon  (piai'terly  or  oftener 
if  occasion,  Xo  appoint,  or  Authoi'i/.e  one  or  more  Con- 
stable, and  to  allow  or  Cause  to  bee  lay'd  out  fitting  pro- 
porcons  of  Land  for  j)'sent  Improvement,  many  Ifitt  places, 
not  afore  taken  up  and  Improved,  the  same  being  Duely 
purchased  &  to  heare  and  Determine,  all  Matt"^  not  extend- 
ing to  life   Limb,  or  Meml)er,  or  Exceeding  five  pounds 


1678]  ORDKR    RESPECTTNCi    LANDS    IN.    DELAWARK.  285 

above  which  to  adniitt  an  Appeale  to  the  Co'"'^  of  Justices 
at  I^ew  Castle  and  accordiiio;ly  to  act  in  any  Other  matf  as 
near  as  may  bee  but  not  Repugnant  to  the  Lawes  of  EngP. 
Given  under  my  hand  vV  Seale  of  tlie  Province,  In  New 
Yorke  this  26  day  of  Octo:  in  tlie  30'^  yeare  of  his  Ma'"'' 
Keigne  Anno([ne  Dominie  \iu>< 

Examined  by  mee 

.John  J  axon 
167S 


Order  Direcfliu/  the  Justices  at  Anvi-itMle,  Del.,  to  Protect 
the  Lihahitants  07i  the  East  Side  of  the  River  in  the 
Possession  of  their  pMnds. 

[From  "Xew  York  Colouial  Dociiinents,  '  V'ot.  XII.,  p.  (IK).] 

An  Order  for  the  Justices  of  New  Castle  to  take 
Care  the  Inhabitants  on  the  East  side  of  Dela- 
ware River  bee  not  disturbed  in  the  possession 
of  theii'  land. 

By  The  GttvKKNo'! 

Whereas  I  have  i-ec'd  Several!  Compl'.^  &  Peticons  from 
divers  of  the  Inhabitants  of  the  East  side  of  Delaware 
River  that  they  have  beeue  Disturbed  in  the  Lawfull  pos- 
session of  their  Lands  and  Tenements  by  Majo''  Fenwick 
and  others. 

These  are  to  desire  and  Authorize  you  tlie  Justices  of 
the  Co'".^  of  New  Castle  to  take  Care  that  the  said  Inhabit- 
ants bee  not  Disturbed  in  their  Possession  upon  any  pre- 
tence Whatsoever,  by  the  said  Majo""  Fenwick  or  any  others 
and  if  occasion  to  make  mee  forth  w***  acquainted  \n^^  the 
same  Given  under  my  hand  in  New  Yorke  this  28'^  day 
of  Octto:  1678  "  E.  Andros 

To  the  Justice  of  the  Co*".*  of  New  Castle 


2S6  NKW    .TKRSEY    rOLoMAI.    DOCl'MKNTS.  [1^7.'^ 


J)iij)]!c(iir-  of  fjif  Lease  of  Ma^hncoiK-k  TxJdixl^'in  Delaware 

7kiC('/\  id   ft'dlx ff  Sfdcl/. 
[From  "  Xew   York  Colonial  Dociiineiit.s,"  Vol.  XIT..   p.   lU-t.] 

This  Indenture  inade  the  14*^''  dav  of  November  in  tlie 
3(>"'  yeave  ofv*"  Rai«;iie  of  our  Soveraii^ne  Lord  Charles  the 
Second  by  tlie  ajraee  of  God,  of  Engl'',  Seottl**,  ffrance,  a!id 
Irel"  King,  Defend""  of  the  iTaitli  etc,  Annoq  Domini,  1678 
Betweene  S""  Edmund  Andross  K%  Governo''  Gen"  und""  his 
Royall  Ilighnesse  James  J)uke  of  Yorke  &  Albany  etc,  of 
all  his  Tei-ritories  in  America  ;  for  and  in  tlie  Eehalfe,  of 
his  said  Koyall  Highnesse,  on  the  one  P%  and  Robert 
Stacy,  one  of  the  Commission"  of  tlie  New  plantacon,  in 
West  NcM'  Jersey  in  Delaware  liiver,  on  the  other  P'  Wit- 
nessetli  tliat  the  said  S""  Edmund  Andros,  for  divers  good 
Causes,  and  Consideracons  him  thereunto  Especially  move- 
ing,  hatli  Demised,  granted,  and  to  farme  lett  and  by  these 
p''sents  doth  hereby  demise  grant,  and  to  tanne  Lett  unto 
the  said  lloW  Stacy  his  Executo"  Administrato'".*  and 
Assignes  all  that  Ccrtaine  Island  Commonly  called  or 
kiiowne  by  tlie  name  of  Matiiiicoiik  Island  in  delaware 
River,  towards  the  ffalls ;  together  with  the  Iloiiseing, 
Lands,  Pastures,  Feedings,  Meade »wcs,  and  Ai)])iirtenances 
to  the  said  Island  belonging  or  in  any  [way]  appertaining 
now  or  lately  in  the  tenure  or  Occupacon  of  Peter  Jegoe  and 
Ilendrick  Jacobse  in  ])artnershi})  To  hacc  cf"  to  hold  the 
said  tsland  as  alsoc  the,  Housing  and  Appurtenances  unto 
the  said  Rob!  Stacy,  his  Executo?  Administrato':*  and 
Assiffnes  from  &  after  the  first  dav  of  .Tanuarv  next  untill 
the  ternie  of  seven  yeares  shall  be  fully  Compleated  <fe 
Ended.  Ilee  the  said  Robertt  Stacy  his  Executo?  Admin- 
istrator or  Assignes,  makeing  Improvein*  on  the  said  Island 
A:  in-emises,  and  ])aying  or  Causeing  to  bee  ]>aid  yearely 
and  every  yeare  thirty  nnslielis  of  good  winter  Wheate, 
unto  the  said  S';  Edmund  Andros  his  Siiccesso''"  assignes  or 


1678]  LEASE    OF    MATTNICONCK    ISLAND.  287 

orde'"  at  Upland  upon  the  t\j-enty  fifth  day  of  March  annu- 
ally, And  in  Default  of  paymt'  of  the  said  Suine,  thirty 
Days  after  it  shall  bee  due  that  then  it  Shall  and  may  bee 
Lawfull  to  and  for  the  said  S''  Edmund  Andros,  his  Sue- 
cesso""*  or  Assignes,  into  the  said  Island,  and  Demised 
p'mises  wholly  to  re-enter  and  the  same  to  liave  againe, 
Repossest  and  enjoy,  this  Indenture  or  any  thing  Else  to 
the  Contrary,  in  any  wise  Notwithstanding ;  Provided 
alwayes  And  it  is  to  bee  understood,  that  at  the  expiracon 
of  the  s*!  terme  of  the  said  Rob'  Stacy  his  Executo'^^  Admin- 
istrato"".*^  or  Assignes,  shall  Leave  and  goe  off  the  s*^  Island, 
That  Whatsoever  Edifices,  Buildings,  or  Improvemt'  there- 
of, hee  the  said  Rob!"  Stacy  his  Executo'l*'  Administrators  or 
Assigns,  have  or  shall  cause  to  bee  Erected,  or  done  on  the 
said  Island  for  the  Beneiitt  thereof,  there  shall  bee  Such 
allowance  given  for  the  same  as  sliall  be  Adjudged  by 
Indifferent  persons.  In  testimony  wliereof  the  Partyes 
aforemenconed  to -these  p^scnts  have  Interchangeably  sett 
to  their  liaiids  and  seals  in  New  Yorke  the  day  and  yeare 
first  above  written 
Sealed  and  Delivered  Robert  Stacy 

in  p'enc''  of  Matthias  Nicolls  Seer. 

E.  D.  Cantwell 


Petition  of  Thomas  Olive  and  Other  Inhabitants  of  JBur- 
Ungton,  iV.  J.,  in  Favor  of  Henry  Jarohs,  Tenant,  in 
Possession  of  JfatinieoneJc  Island. 

[From  "New  York  Colonial  Documents,"  Vol.  XII..  p.  filS.] 

Burlington  the  5*"  of  ye  10"'  mo:  1678. 
At  the  request  of  Henry  Jacobs  we  whose  names  are 
under  written  doe  give  this  our  testimony  in  his  behalfe 
To  the  Gouernor  of  Yorke.  The  said  Henry  beeing  ten- 
nant  and  in  possession  of  the  Island  called  Matinnaconck, 
when  wee  first  came  into  this  Country  and  behaved  himselfe 
scivilly'and  fairly  to  us  in  our alsoe  was 


288  NEW    JKRSliY    COLONIAL    DOC  TMKNTS.  [1078 

serviceable  A:  lielpefiil  to  us  at  the  pnrcliase  of  tlie  land  of 
the  Indians,  where  many  of  us  are  n(»w  settled,  being  neare 
to  the  saide  Hand  of  Mattinnaeoncke  and  since  the  time  of 
our  settling  being  a  neare  neighbour  to  us  hath  beene  redy 
to  assist  us  at  any  time  one  the  account  of  the  Indians, 
And  we  beeing  strangers  to  the  Country  and  nnaquainted 
with  the  Indian  language  have  often  had  occation  to  make 
use  of  the  aforesaide  Henry  amongst  the  Indians,  whoe 
hath  redily  come  to  us  from  time  to  time  to  serue  us  and 
ansvvere  our  request,  as  occation  has  recjuired  and  is  equally 
concerned  with  Peeter  Jegoe  and  both  tennants  to  the 
Governoi'  for  the  Hand  as  afforesaide.  And  itt  haveing 
soe  fallen  ouet  of  late  that  another  hath  gott  a  graunt  of 
the  afforesaide  Hand,  which  Henry  Jacobs  and  Peeter 
Jegoe  are  now  in  ])Ossession  of,  And  are  very  unwilling  to 
forgoe  it  beeing  now  in  a  way  to  Hnjd'ovc  the  land  and  to 
raise  some  corne  upon  it  they  l)aying  there  yearly  rent 
according  to  agreement  and  that  another  sliould  so  come  to 
sucseed  that  hath  been  receiued  and  Entertained  as  a 
stranger  in  time  (»f  necessity  and  by  reson  the  men  are  soe 
deserted  and  discouraged  in  that  they  are  like  to  bee  put 
out  of  tlujre  place  wee  can  doe  noe  lesse  than  giue  our 
testimony  as  aboue  written.  And  doe  not  question  that  if 
the  Gouernorr  comes  to  understand  things  thrughly  butt 
that  bee  will  sett  all  to  writes. 

Tbo:  Enes  •        Tho:  Olive  Williaui  Woodhons 

Anthony  Allen  iJauiel  Wills  Joshua  Bore 

Robert  Powell  John  Wolston  Andrew  Smith 

Siunii  Lonett  William  Clayton  "»'  •'I'I't   John  Champion 

William  lirightwen  William  Peachell  Thomas  Kendall 

Daniel  Wills  John  Cripps  Thomas  Palmer 

William  ( 'lay tcm  ye  yoiiiiKei      Tho:  Harding  Luke  Brindly 

Uobert  Dunham  Peter  Ilerrisous  John  Kogei's 

William  Plack  William  .Matlock  Peter  [P]  Stringham 

George  El  kin  ton  (?)  T.Wright                                    his  marke 

Petition  to  the  Governor  in  bchalfe  of  Henry  Jacobs  of 
Mattinnicum  Ishmd 
Dec.  5"'  Hi 7b 


1679]  PETITION    FOR    LAND.  289 


Petit uni  from  I\  rsonsfi'oiii  KikjUi ml  for  (innift^  of  Land, 

[From  "New  York  Colonial  Docnment.s,'  Vol.  XII.,  p.  Gi'i.] 

Petition,  .siirned  l)v  John  Biidd  and  othei's  for  urauts 

of  Land 

HoNE*'"^''-  Si'' 

Wee  whose  names  ar  here  viider  subscribed  lately  come 
ffrom  old  England  with  Intent  to  inliabitt  in  this  (-ontry 
And  if  yo''  Hono''  please  to  Grant  vs  an  order  vnder  yo*" 
hand  tuo  setle  between  Mr.  Fitter  Alderridges  Planta'tion 
cV:  the  falls  of  Dellowar  River  wee  shall  bee  willing  to 
Imbrace  it  &  to  hold  it  according  to  the  custom  of  the 
contry  being  a  ttitt  Place  for  Husbandmen  ;  wee  may  haue 
land  in  Jersie  side  but  we  ar  willing  to  become  Tennants 
to  Ills  Highness  the  Duke  of  yourke,  if  yo''  Hono'"  please 
to  giue    vs  the   grant  and  to  deer  the  Indians  tliat  now 

to  send  for  the  Ilest  of  o'"  ffamilys  use 

thereof  or  u'  relations  which  Looke  fur  a  Returne  from  vs 
soe  desiring  yo''  answere  by  this  barrer  we  shall  waite  for 
it  before  we  settle  ct  shall  Rest 

Your  Humble  Servants  although  vnknoun 

Robert  Lucas  Daniel  Ijrinson 

John  Lucas  Thomas  Sibly 

Samuel  Cleft  Robert  Sibly 

Thomas  Revell  W"  Clark 

John  Akarman  Sen.  John  Budd 

John  Akarman  Jun.  John  MitHin  Sen. 

Robert  Iloskins  John  Mittiin  Jun, 

P)urlinnton  June  ve  23''''  1670 


S!r  JoJui  II  cr(/<  n  to  the  Secreturij  of  State,,  on  the  Krtent  of 
the  A  uthorltij  Granted  to  the  Vroprletor^'i  of  Netv  Jersty. 

[From  London  Public  Record  Office,  '•  America  and  West  Indies,"  Vol.  385.] 

The  Pretension  of  the  Proprietour's  of  New  Jersey 
to  Pay  Noe  Custonies,  at  New  Yorke 


290  NEW    JITRSEY    COLONIAL    DOCUMENTS.  [1C79 

Stated  19'^  Sept^  (TOj  This  Is  rcc-i  from  S^  John  Werdon. 

The  Dutch  West  India  Company  were  possessed  of  a 
Lardge  Tract  of  Land  in  America  (called  new  Netherlands, 
for  the  Governement  whereof,  among  otlier  things,  they 
Imposed  a  Custome  of  i{ji;  npon  Merchandises  of  Straingers 
or  Inhahitanfs  there,  &  collected  y®  Same  many  Yearcf. 

In.  1GG4.  His  Maj'^'^'  Forces nnder  Coll.  IS'ichoIls  invaded 
those  Territoryes  &  conqnered  y™  yet  admitting  Articles 
of  Surrender  (on  delivery  np  of  the  iiort  at  New-Amster- 
dam, now  called  New-Yorke)  wherein  llie  same  Payments 
were  consented  to,  &  generally  the  Priviledges  of  the 
InJiahitants  (then  most  Dutch)  reserved  to  y'P 

Coll.  Nicholls  continued  in  Possession  many  Yeares  as 
Govei-nour  nnder  His  E.'!  Iligh^^"  (to  wliom  the  K?  by  Pat- 
tent  had  grannted  the  whole  Tract,  with  Power  to  make 
Laws  &c.  for  y®  Good  Governem*  thereof,  soe  as  they  were 
not  repugnant  to  the  Lawes  of  England)  And  after  him 
Coll.  Lovelace  succeeded  in  the  Governement  till  (1672) 
dureing  all  which  tyme  y^  si  u^  Customs  were  duly  collected 
without  Interruption. 

Soone  after  yf  }•:  Duke  had  Passed  his  I'attent,  He 
graunted  to  Sr  George  Carteret  &  U.  John  Berkelay,  A 
Parcell  of  the  Pi-emisses,  which  is  since  called  New  Jersey, 
which  they  enjoyed  Jointly  as  Proprietors  of  the  Soyle  ; 
untill.  (72)  when  by  the  Chance  of  warre.  The  whole  Terri- 
tory fell  againe  into  y''  hands  of  the  Dutch. 

Whilest  y''  Dutch  were  in  Possession  of  it  {&  in  warro 
w*l'  England)  M'  Eenwicke.  M^  Billing  &c  (most  of  y™ 
Quakers)  agree  with  L'!  John  Berkelay  for  his  Right  to  One 
Moity  of  New  Jersey. 

Afterwards  in  (lG7'j)  the  Peace  Ijeing  made 'twixt  Eng- 
land &  Holland ;  the  whole  Territor}"^  was  restoi'cd  to  vs 
by  virlu3  of  yt  Treaty,  S:  all  men  pi-esunicd  to  l)e  in  Pos- 
session againe  ;  in  Statu  quo. 

The  Duke  being  affresh  entitled  from  the  Kings  New 
Graunt  to  him  ;  in.  (73)  or.  (74)  sends  over  a  New  Gover- 
nour  (S!'  Ed'!  Andros..  \v]]o  is  now  there')  S:  a  Company  of 


1679]  QUESTION    AS    TO    CUSTOMS.  291 

Souldiers  to  repossesse  the  Forts  &  resettle  the  Country  ; 
but  in  kindnesse  to  y™  &  enconragein*  to  English  Traders, 
Lowers  (or  abates)  the  1^  to  j^  Custoines. 

About  y^  same  tyme  8r  G.  Carteret  &  y!  Quakers  obtaine 
New  graunts  from  the  Duke  of  New  Jersey,  in  the  same 
manner,  as  it  was  formerly  granted  to  S^  G.  Carteret  &. 
L^  Berkeley. 

And  afterwards  the  Quakers  agree  with  S""  G.  Carteret 
to  divide  New-Jersey  betwixt  y"?  by  certaine  Metes  & 
bounds  soe  as  each  might  know  thcire  owne  Share  ;  &  this 
is  done  by  drawing  an  Imaginai-y  Line  crosse  the  Country 
(but  Visible  in  theire  Map)  to  w^hich  all  partyes  being 
agreed;  the  Duke  upon  theire  desire  adds  his  Confirmation 
of  this  theire  Partition. 

S""  Edm*?  Andros  y*'  present  Governour  continues  to 
demand  &  Collect  y!  joo  Customes  (as  his  Predecessours  did 
y^  /f^)  &  y^  Quakers  exclaime  ag^.*"  it,  pretending  y*  they 
ought  not  to  pay  Any. 

Qusere?  whether  by  the  Graunt  to  the  Quakers  (&  to  &•? 
G.  Carterett)  of  the  Soyle,  &c.  They  be  empowred  to  set 
up  distinct  Governements,  Pi'incipallityes,  or  Common- 
wealths, within  theire  Respective  Lands  ?  or  whether  they 
are  not  still  lyable,  as  all  other  Inhabitants  in  these  Terri- 
toiyes  are,  to  the  Law^es  established  in  New  Yorke,  for  y** 
whole  Territory  depending  on  it  ? 


Names  of  the  Magistrates  of  West  New  Jersey. 

[Fiom  "New  York  Colonial  Docnmeuts,"  Vol.  XII.,  p.  G35.] 

At  tlic  upper  plantations  on  the  west  side  of  New  Jersey 

r  Mr  Thomas  Olave 
'  Mr  Daniel  Willcs 
Mr  John  Kenscy 
Mr  John  Pinford 
Mr  Joseph  Helmsley 
Mr  Robe'-.'  Stacy 
Mr  Ben.  Scott 
[  Mr  Richard  Gny 


Commission  being 
the  first  dated -^ 
August  1G77 


202 


NKW    .lER^EV    COLONIAL    DOi.  IMKNTS. 


[1680 


At  the  lower  plantations  on  tlie  west  side  of  ^^'e\v  Jersey 
Siileni. 

Mr  James  Xevill 
^[r  William  Peiitoii 
Mr  Richard  Guy 
Mr  Edward  {'roadway 
Mr  Edward  Ward 
Mr  liii'liaid  Hancock 


(^•lnnlissi(»n  ])^'in^• 
the  second  dated 
Oct.  2(5.   1GT'.> 


From  (rdi'rrnirr  Androfi  to  Governor  ('(irt<r<t. 

e  I  From  ■'  (iiiints  and  Coucessioiis,''  p.  (173.1 

r>i;L\(;  ad\  ised  of  your  actings  without  any  lei;al  Author- 
ity t«»  the  ureat  Disturbance,  it'c  of  his  Majesty's  Snl)jects, 
J  do  licrewitli  send  you  attested  Copies  of  tlie  Kind's  Let- 
ters Patents,  and  liis  Ivoyal  Jlii^liness  Commission,  for 
Lands  and  Tei'ritories,  as  also  further  for  Autliority  and 
.Furisdiction  over  all  Persous  within  those  Bounds,  Arc,  as 
l»v  his  Majesty's  said  Patent  to  his  Roval  Hio:lmess,  in 
which  being  comprised,  therefore  in  Obedieuce  to  his 
Majesty's  said  Authority,  you  are  to  forbear  and  not  pre- 
sume further  to  assume  or  exercise  Distinct  or  any  Juris- 
diction over  his  Majesty's  Subjects,  or  any  Person  within 
any  of  the  Bounds  of  that  his  Majesty's  Patent  to  ins  said 
Ko3'al  Highness  without  lawful  Power  Recorded  (as  it 
ought  to  be)  in  this  Place — J  do  ac(|uaint  you  that  it  being 
necessary  for  the  King's  Service,  and  Welfare  of  his 
Majesty's  Su])jects  living  oi-  ti-ading  in  these  Parts,  that 
Beacons  for  Land,  or  Sea-marks  for  Shi})ping  Sailing  in 
and  out,  and  a  Fortification  be  erected  at  S<(ii<1y-J\)lnt^  1 
have  resolve(l  it  accordingly,  but  having  due  regard  to  all 
Rights  or  rr(t})erties  of  Land  or  Soil,  shall  be  ready  to  pay 
or  give  Just  Satisfaction  io  M""  Richard  Hartshorn,  or  any 
assigned  to,  or  interested  in  said  S((n<h/-l*u'nit,  or  J*lace, 
aiul  not  doubting  your  observance  of  the  above  remain, 
Your  affectionate  Friend  and  Servant 

Nev)  Yoi'l',  Moi-rh  the  S"'  ir)7'.>-Si>  E.  Andkos 

To  Governor  J*IilUlj>  Oirteret,  at  his  House  in  Elizabeth-. 
Town 


168U]  PROCLAMATIOX    AGAINST    QOV.    CAETERET.  298 

P I'orlarndiioit  <>f  (lorcmor  Andro-^. 

[From  "(i  runts  nnd  ( 'oiioesstioiis,''  p.  675.) 

Sir  Edmund  Andross,  Kiiiiiiit,  Lieutenant  and  (iovcnioi', 
(leneral  and  Yice  Adiiiira]  under  liis  Ilo)'al  lliulmess. 
Juint'x  Duke  of  Yo)'l\  and  AJhonij,  itc  and  of  Keic  Yt)rl\ 
aud  dependences,  <Szq  in  Amcrini.  Whereas  upon  Informa- 
tion of  the  Actino-s  of  Capt.  Ph'dlp  Cartspfit,  assuming  and 
authorizing  others  to  exercise  Jurisdiction  without  any 
legal  Authority,  to  the  great  Disturbance,  vfec  of  his  Majes- 
ty's Subjects,  within  the  Bounds  of  his  Majesty's  Letters 
Patents,  to  his  Royal  Highness,  I  have  sent  to  foi'warn 
said  Capt.  Ckirteret,  from  such  his  illegal  Actings  t%c.  I  do 
hereby  by  advice  of  mj  Council,  by  Virtue  of  his  Majesty's 
Letters  Patents  and  Authority  derived  nnto  me  under  his 
Royal  Highness,  in  his  Majesty's  IS^ame,  further  re<]uii'e 
and  Command  the  said  Capt,  Philltp  Carii'rd,  and  all 
other  pretended  Magistrates  and  Officers,  Civil  or  Military, 
authorized  by  him,  to  forbear,  and  not  presume  further  to 
assume  or  exercise  distinct  or  any  Jurisdiction  over  his 
Majesty's  Subjects,  or  any  Person  within  any  the  l)ounds 
of  that  his  Majesty's  Patent  to  his  said  Royal  Highness  ; 
and  also  that  no  Person  or  Persons  do  any  ways  abet,  assist 
or  observe  the  same  or  any  such  illegal  Authorities — But 
they  and  all  Persons  fortlnvith  to  submit  as  they  ought  to 
the  Kings  lawful  Authority,  signified  by  his  Majesty's 
I^etters  Patents  to  his  Royal  Highness  here  established,  as 
they  and  every  of  them,  will  answer  the  contrai'v  at  their 
utmost  Perrils  ;  upon  which  I  do  remit  all  ])ast  acting  on 
said  Account,  and  for  the  Preservation  (^f  the  Peace  and 
Quiet  of  his  Majesty's  Subjects  in  these  Parts,  I  do  con- 
tirm  all  the  present  Constables  in  their  several  and  respec- 
tive Towns  and  Precincts,  and  shall  be  ready  to  take 
further  Order  for  the  good  and  welfare  of  his  Majest\''s 
Subjects,  pursuant  to  his  Majesty's  said  Letters  Patents  and 


•294  NKW    JERSKY    CULOMAL    IXKUMKNTS.  [1080 

his  Koyal  Iliolmcss  Commission  and  Antliority  to  mc, 
respectiiiiij  the  Jurisdiction,  ifcc.  witlioiit  intrenching  upon 
any  Man's  just  Right,  Property,  Freehold  or  Possession. 
Given  under  my  ILmd  and  the  Seal  of  the  Province  in 
New-York^  the  13th  Day  of  March  in  the  Thirty-Second 
Year  of  his  Majesty's  Reign,  Anno  Domini^  1679  ^ 

Andkos 
To  Capt.  Pli'dUp  Carteret. 

Examined  hy  me  Mathias  Xicholls,  Secretary 


From  Governor  Carteret  to  Governor  Andros. 

[From  "Grants  and  Concessions,"  p.  C7-1.1 

From  Governor    Philip    Carteret    to    Govci'nor    Edmund 

Andros  in  answer  to  his  letter  of  the  S"'  March. 
Sir 

IIavixo  seriously  considered  your  Letter  of  the  8th 
Instant,  and  advised  upon  the  Contents  thereof,  not  only 
with  the  Council,  but  also  with  the  most  eminent,  though 
not  numerous.  Part  of  the  Country  who  have  largely 
weighed  the  Force  of  his  Royal  Highness  Grant,  the  Com- 
mands of  his  Majesty  to  conHrm  to  the  Lords  Proprietors 
Government,  the  long  and  peaceable  Possession  of  this 
Government  during  the  Time  of  all  your  English  Prede- 
cessors^ and  yourselves,  rctui-n  this  Answer,  that  as  I  have 
not  plunged  his  Majesty's  Subjects  into  any  Disturbances, 
so  I  intreat  you  not  to  molest  me,  as  his  Governor,  nor  the 
People  under  my  Charge;  I  not  making  any  presumtive 
pretence  beyond  the  Bounds  of  my  Commission,  nor  the 
Peojde  Yielding  Obedience  but  by  their  Sovereigns  possi- 
tive  Orders.  As  to  what  may  be  requisite  to  Land,  or  Sea 
Marks,  as  they  are  considerable  so  they  .--hall  be  considered 
of,  without  any  other  compulsion  than  the  necessity  ot  his 
Majesty's  Affairs  lequires,  if  you  intend  to  set  a  Fort  at 
Sandy-Hook,  I  shall  be  constrained  to  endeavour  to  prevent 
the  same,  until  I  shall  know  the  Proprietors  Pleasure,  he 

1    1J70-SO. 


161^0]         GOVEKNOR  CAETERET*S  ANSWER.  '295 

haviii<^  reserved  that  for  a  Fortitication  wlieii  the  King 
shall  command  it.  The  People  as  well  as  mj-self  and 
Council,  hold  ourselves  obliged  by  his  Majesty's  express 
Commands  to  yield  Obedience  to  the  Government,  estab- 
lished by  Sir  George  Carteret,  and  are  under  Oath  so  to 
do, — and  are  resolved  not  to  vary  therefrom  until  the  same 
be  remanded  by  the  King,  who  only  can  determine  this 
Matter  ;  and  shall  be  necessitated,  if  any  Force  be  used,  to 
defend  ourselves  and  Families  the  best  we  can,  which  if 
any  Blood  be  shed  it  will  be  contrary  to  our  desires,  and 
the  just  and  righteous  God  require  it  at  your  Hands,  who 
are  the  Causes  thereof — And  therefoi'e  we  intreat  you  to 
forbear  your  threats  or  any  other  Acts  of  Hostility  towards 
us,  until  his  Majesty  decides  this  Controversy,  which  we 
shall  endeavour  to  have  effected  as  soon  as  possible  may 
be  :  The  occasion  that  hinders  this  from  being  sent  you 
sooner,  is  the  foulness  of  tlie  weather  hindering  the  Coun- 
cils meeting,  as  also  an  alarm  we  had  Yesterday  of  your 
being  come  with  your  Sloops  and  a  considerable  I^umber 
of  Soldiers  which  constrained  us  to  put  ourselves  in  a 
Posture  of  Defence 

I  am  your  H^imhle  Servant, 
Elizaleth-Totrn  Pn.  Carteret 

2Gth  March  1679 1 


Commission  from  Governor  Carteret  to  John  Berry,  to  he 
his  Successor. 

[From  "  East  Jersey  Records,"  Liber  3  of  Deeds,  p.  3GG.J 

By  the  hono^l"  Phillip  Carteret  Esq^  Governo''  Und";  the 

liight  hono^.^  Sr  Geoi-ge  Carteret  Knt.  &  Baronet  Lord 

Proprietor  of  the  Province  of  New  Cesarea  or  New 

Jersey. 

Whereas  I  am  constrayned  to  put  my  selfe  and  Country 

in  a  posture  of  Defence  for  the  maintenance  of  o*"  Just 

Rights  Granted   by   his  Majties    unto  y^  said  S''  George 

1     Itil'J-SJ. 


5  or. 


NEW    .TKRSP:Y    rOT.ONlAr.    doctmkxts. 


[1G>?0 


Cai'tiTt't  Lord  |ii'i>|ii-irt(>'  of  t\\v  said  Province  and  liis 
Intrest  therein,  and  not  Kiiuwino;  liow  it  may  please  (iod 
to  Dispose  of  me  Eytln'i-  liy  J>it"e  oi*  dcatli  or  absenee  I 
lia\(' tlioni^lit  titt  and  doe  by  these  p'sents  noininnf'  Cnn- 
stitiii,  and  K/i/Ki'mi  Cai'T^' John  I'khky  to  succeed  me  in 
tlic  ( iovcnimcnt.  ;iiid  in  case  he  shonhl  by  accident  be  Cntt 
of  or  Disabled  to  take  the  charge  n])j)on  him,  then  I  doe 
hereby  C<ni.^flfiii<'  and  (tpiKHnf  Cai't^  Wilijam  iSANDKoun 
to  succeed  him  the  said  Berry  In  tlic  (Toverui^  as  aforesaid 
hi'rt'l»\'  i'(M|uiri'inii'  tliciii  or  any  of  tlicm  in  In's  ]\I;ijtii's  iKinic 
to  defend  t(.»  defend  tiie  said  ('ontr\'  or  J^rovince.  the  Jntrest 
of  the  Lord  ]u-o])rieto'.*'  and  the  pc<»ples  Kight  aiul  ])rive- 
ledges  to  tln'  utmost  of  yoni-  powers,  hereby  Reijuireing 
all  i)''s(»ns  \\\  (lenerall  as  well  freeholders  as  other  the 
Inhabitants  to  yield  ol)edience  to  your  Coiuluct  and  C'om- 
mands  Cntili  such  time  as  his  Majties  pleasure  shall  be 
fnrther  kuowne  thei'ein.  (iiven  uiuler  my  hand  and  scale  of 
the  Province  at  Elizal>eth  towne  the  2-2'"  of  March  An" 
Doni  1<">7'.>  '  and  in  the  two  and  thirtietli  yt-are  of  his  Maj- 
ties Kaiii'iu'  of  Charles  the  Second  vV 

Bv  oi'dei- of  tlie  (4ovcrno''  i'nii.ii'  ('akikkkt 


Secre'y 


J*j'iirri  (]iii(/!<    (>f     ('oiiiii'il    in     Ikt'liittmi     io     h*i  jii'i  st  iifiittim 
fi'itin    llif    Jdd'ii.s   in    ^(ir  Jrr^ni^/. 

IFroiii   N.  V.  Col.    MSS..  in  S.cit'tary  of  State's  .itlicc,  AU.Miiy,   Vol.  X.XIX.,  p.  08.] 

^'ew  Vorke     At  a  Councill  March  23  10;^ 
A  Letter  from  C.'*  Ph.  Carteret  dated  ye  20"'  March  in 


1  i(;7i»  ■so. 

2  Tlie  initial  "C  "  beloro  iLu  uanies  ol'  Carteret,  Baker  and  others  iisu'illy  .-itaiida 
for  Ciipliiin.    Kd. 


1680]  MIXUTES    OF    COUXCIL    AT    NEW    YORK.  2H7 

answer  to  the  (lov  of  the  8'"  brought  bj^  C  W'"  Sandford 
iV:  Mr  Jolmson  with  other  papers  vizt  A  letter  to  Uov 
Nicolls  from  the  Duke  No  18  1661  relating  to  his  R  H* 
Grant  to  ye  Ld  Berkeley  &  Sr  George  Carteret 

Another  to  Go.  Lovelace  from  the  Duke  also  dated  No 
25  1672  to  assist  &c  &  declaring  Go.  Nicolls  Grant  to  C 
Baker  *S:c  to  be  null,  bearing  date  after  the  deed  granted 
to  je  Ld  B  &  Sir  G.  C. 

The  K-^  Letter  to  C.  Berry  Dep.  Go.  dated  Dec  0"'  1672 

Another  to  C  Bh  Carteret  June  13  1674.  The  K's 
Grant  to  the  Duke  dated  June  21>th.  Nothing  materiall 
in  either 

C  Sandford  &  M''  Johnson  api^earing  being  sent  for 
declare  not  to  know  the  contents  of  ye  letter  brought  by 
tliem  nor  to  have  authority  to  speake  any  thing  concerning 
it  but  are  as  private  ])'sons. 

Tlesolved  An  answer  to  Carteretts  Lre  &  being  in- 
formed the  K**  L're  patents  have  not  been  made  publick  or 
made  known  among  them  That  each  Towne  bee  sent  to 
who  are  to  have  Representatives,  to  meete  upon  the  7"'  day 
of  April  next  att  AVoodbridge  in  order  to  y®  Kings  service 
and  the  quiet  of  all  his  Maj"*"*  subjects  in  those  pts. 


At  a  Councill  New  Yorke  March  2.^"  16;-; 

T'pon  Consideration  whether  it  will  be  for  his  ]V[aj"'"'* 
service  to  admitt  of  Deputyes  fi-om  the  Tuwnes  in  New 
Jersey  as  others  o''  neighbo'"^  have. 

Resolved  That  it  will  bee  necessary  c^-  convenient  for  his 
Maj"''''  service  that  they  have  deputyes  etc: 


Governor  Ph'dij)  Carteret  to  Governor  A/i(7/'o.s;  Counter- 
manding Orders  for  a  General  A,s.st'//M(/  and  Con- 
demning Governor  Andros'  Proceedings. 

[From  "(Jraut.s  and  Coucession.s,"  p.  ti76.] 

From  Governor  Carteret  to  Governor  Andros 

Sir     L'pox  consideration   of  his   Majesty's    Comnuinds 


29S  NKw  ji:i{>i;y  colonial  doclmknts.  [1680 

Avliioli  is  only  directed  to  his  Governor  and  Council  in  this 
Province,  1  have  tlionglit  fit  to  countermand  any  former 
Orders  of  convening  the  General  Assembly,  wliicli  will  be 
but  a  charge  and  tronble  to  the  Country,  and  in  Friendship 
think  fit  to  let  you  know  it,  that  you  may  not  come  or  send 
in  Expectation  to  it;  and  finding  the  Insinuations  and 
indirect  Means  you  use  for  obtaining  the  Government,  and 
in  a  sinister  way  to  subvert  the  Minds  of  his  Majesty's 
Subjects  here,  therefore  do  hereby  Command  that  no  more 
of  your  Emissaries  may  be  sent  or  appear  here,  under  Pen- 
alty of  being  proceeded  against  by  Imprisonment,  Tryal, 
Condemnation  and  Penahy,  as  his  Majesty's  Laws  direct 
to  Spies  or  Disturbers  of  the  Publick  Peace,  unless  with 
particular  Message  to  me  and  so  to  return.  It  was  by  his 
Majesty's  Command  that  this  Government  was  established, 
and  withont  the  same  Command  shall  never  be  resigned 
but  with  our  Lives  and  Fortunes,  the  People  resolving  to 
live  and  dye  with  the  Xame  of  true  Subjects  and  not 
Tray  tors. 


Sir 

Since  the  Writing  above  yours  an-ived  by  Mr.  West,  for 
which  please  to  take  for  Answer,  that  whereas  we  are  suffi- 
ciently satisfied  of  your  unjust  Actings,  endeavouring  to 
snbvert  the  Minds  of  his  Majesty's  Subjects  here,  from 
their  Obedience  to  his  Commands  and  Fidelity  to  their 
Proprietor  and  Government  by  him  here  established  ;  wc 
have  thonght  fit  and  do  hereby  not  only  protest  against 
your  unlawful  Proceedings,  but  do  make  our  appeal  to  our 
Sovereign  Lord  the  King,  which  we  shall  forthwith  send 
to  be  ]-)rcsented  to  his  Majesty,  who  only  can  determine 
this  Matter,  and  that  you  may  not  plead  ignorance  in  not 
knowing  of  it,  or  of  our  Intentions  to  prosecute  the  same, 
we  do  give  you  this  Notice  thereof  that  you  may  if  you 
please  take  order  to  Answer  our  Complaints ;  and  in  the 
mean  Time  we  require  you,  in  his  Majesty's  Name,  to  for- 
bear to  molest  or  disquiet  us  in  our  peaceable  Possession, 


1680]  GOV.    ANDKOS'    VISIT    TO    NEW    JERSET.  299 

or  in  the  Government  lierc  established  by  his  Majesty's 
Commands,  or  in  any  otlier  way  whatsoever  at  your  Peril 

Sir  your  Friend  and  Servant 
Elizaheth-Tovm,  tlie  Philip  Caeteeet 

29^^^  March  IGSO 


Visit  of  Sir  Edmund  Andros  to  JVew  Jersey }■ 

[i'^rom  N.  T.  Col.  MSS.,  iu  Secretary  of  State's  office,  Albany,  Vol.  SlnX.,  p.  73.] 

Monday  Aprir  5'^  1680 
It  was  resolved  in  Conncill,  That  the  Go:  goe  in  person 
tomorrow  in  liis  Sloope  towards  New  Jersey  to  be  there 
the  next  day  being  the  7'^  the  time  appointed  for  llic  Dep: 
to  meete,  &  that  he  goe  in  a  friendly  way  with  his  owne 
Retinne  &  some  Yolunteers  to  attend  him,  without  other 
arines  than  their  swords. 

Tuesday  the  5*^ 
The  Go:  &  his  attendants  went  on  board  about  two 
oclock  afternoone  towards  N,  Jersey  having  a  briske  gale 
of  wind  at  w.  s.  w  or  thereabout.  Volunteers  that  attended 
the  Go:  Morriss,  Nicolls,  Eger  .  .  .  etts  Willctt,  Coll- 
yer  James  Graham  Ilon^''^  J.  White.  J.  Wandall,  J  We^t. 
In  the  Evening  wee  came  uj)  to  Shooters  Isl  wliei'c  wee 
ran  a  ground  and  afterwards  came  to  an  anchor  on  Staten 
Island  side  not  far  from  C  Youngs.  It  was  there  proposed 
if  not  convenient  to  send  some  one  to  C.  Carteret  that  very 
Evening  to  acquaint  him  of  o''  Coming  in  peace,  which  was 
resolved  on  :  C  Coliyer  was  pitclit  upon  &  (by  his  owne 
request)  M""  Jane  Wilson  to  accoinjiany  him,  mIio  went 
aM'ay  to  a  point  where  they  were  challenged  but  declaring 
to  be  friends  went  up  the  Creoke  in  ColL  Morriss'  boate. 
They  found  pt  of  a  comp^  with  C.  Greenland  at  the  jDoint 
&  heard  of  another  comp''  by  the  way  when  they  ai-rived 
at  C  Carteretts  there  were  others  in  armes  who  challenged 

1  See  Governor  Carteret's  account  of  ths  same  visit  on  a  subsequent  page,  from 
"  Grants  and  Concessions,"  p.  G77,  and  "Ea.st  Jersey  Unier  thj  Pro^nietary  Covein- 
ments,"  2(1  Edit.,  p.  92.    Ed. 


'^'^"  XKW    .IKKSEY    rnl.oMAI,    1)(  •CIMKNTS.  [IGSO 

them  wliv  A:  froDi  wlieiicc  tlioy  csune,  and  ('.  Saiidfonl  with 
liis  sword  draMMie  oaiiii'  to  the  hiii(h"n<?  plaoe  and  (k'niaiided 
if  tliov  wi'iv  friends,  to  the  \v'''  C  Collvcr  r('i>lvini(  "  ves  " 
hec  did  liave  tlieni  to  k-avc  that  hut  lettlieni  conic  asliore. 
The  l>oate  caiue  hack  hut  they  stay'd  all  nii:ht. 

AVednesday  the  7"' 

Tlie  same  hoate  was  sent  ovei*  to  tiic  pointe  ahout  six  of 
tlie  Clock  in  tlie  nioi-niiiii-  to  hi-ino;  tlio  messengers  ahoard 
who  were  come  downe. 

Att  theii-  ari-i\al,  they  ^ave  acet  of  tlieir  ivceji  \'  of  C. 
Carteivtts  answej'  That  if  the  Go:  and  his  lietiinu'  slundd 
come  to  him  as  fi'ieiids  hee  should  he  wi'lcouie. 

Ahout  an  honi'e  after  tlie  (io:  ^V  ( 'omp*'  went  in  his 
pinnace  ife  ('oil  Moi-riss  hoate  uj)  the  Creeke  There  was  at 
the  j)ointe  Capt  (Treenlaiid  with  part  of  a  Company  with- 
out Coluurs,  sahited  the  (Jo:  wlio  were  relieve<l  hy  anotlier 
])arty  fi-om  the  town  just  as  we  went  up  the  creeke. 

The  Co:  &c  went  asliore  a  little  helow  IVfr.  Hopkins' 
house  tfc  walkt  to  C  Carteretts  on  the  hill.  As  all  erost 
the  hollow  just  by  the  house  there  was  part  of  a  Company 
with  C.  Whitehead  at  their  head,  who  making  a  ])assai;e 
foi'  us  wi'c  walked  throunh  to  whei'c  wee  niett  C  Carterett 
Capt  C  landlord,  ('  Pike  ^-  Capt  Uowers.  C  Carterett 
in\itiiii>"  the  Go:  in  the  stockades,  another  party  opened  for 
to  receive  tlie  (io:  which  was  commanded  hy  C  Sandford 
who  o-ave  a  volley  just  as  wee  ])assed  thr(tni:;li  them. 

A  while  afterward  heini>-  iione  in  S""  Kdmund  .\ndros 
ac<piaiutc(l  C  Carteri'tt  iV  the  rest  with  the  (»ccasion  v\  his 
comiui^'  to  undeceive  the  [)eople  and  to  shew  his  pri'ten- 
ciuus  on  his  Royal  lliy;hnesse  hehalfe  to  the  (iovei'm' 
Tliereu])on  comanded  nice  to  read  the  K'"  ])atent  to  hiin- 
selfe  ifec  to  i-eceive  the  ]>lace  vV  couiiti-y  fi'om  the  Dutch, 
which  was  done.  To^'cther  with  CJo:  ('ol\es  orders  iindei- 
his  hand  iV  scale  to  all  otlic'"  to  suri-endei-  unto  the  (to:  <Si 
one  particularly  to  M' Ogden  thenscherif  for  the  surrender 
of  N.  Jersev. 


1680]  GOV.    ANDROS"    VISIT    TO    NEW    .IP:RSFA'.  301 

The  K'*"  ])ateiit  to  his  K  IP  was  likewise  be|j;aii  to  he 
read,  but  tlie  people  crowded  in  to  heare  it  being  debarred 
by  C  Saiidfoi'd's  Coniand  to  the  Marshall  to  kee])e  tliem 
out  which  he  did  somewhat  churlishly,  S''  Edmund  being 
unsatisfied  therewith  <\:  not  willing  to  trouble  C  Cartei'etts 
house,  hee  ordred  mee  to  follow  him  out  of  doores,  there 
to  read  it  in  the  open  lield  without  the  stockades  that  all 
his  Maj"*^*  subjects  there  present  might  heare  the  same, 
which  was  done  accordingly,  as  also  the  Dukes'  Commis- 
sion to  the  Go:  cV:  the  King's  order  and  under  the  signet, 
to  resurrender  all  back  to  his  R  II'*  order  &g 

Whereupon  C  Carterett  desiring  S''  Edm.  to  goe  into  the 
house  againe  where  he  would  produce  all  his  rights  to  tiie 
(Toverm^  lie  shewed  the  lease  A:  release  from  his  R  11^ 
to  S*"  George  Carterett  w*"''  was  read  by  C  Berry  &  ])leaded 
to  by  him  vt  Capt  Sandford  C  Carterett  in  the  middle 
betweeue  them  &  C  Bowers  thereby  who  read  one  of  the  ' 
letters  with  the  signet  from  his  Ma"^  to  C  Carterett,  there 
being  also  another  to  C  Berry  as  dep:  Go:  &  2  others  the 
one  from  his  R  IP  to  Coll.  Nicolls,  another  to  Coll  Love- 
lace relating  his  conveyance  to  S'  Geo:  tfc  order  of  assist- 
since  to  his  Go:  or  Dep:  There  was  also  a  co})ie  of  another 
Letter  part  from  the  proprie"''  to  Capt  Nicolls  ])romising 
to  confirme  his  grants. 

S'  Edm  Andros  insisted  upon  his  Maj"*^'*  L'res  Patents 
being  of  greater  force  than  the  K'^  private  L'res  &  the  Con- 
veyance by  lease  &  release  to  vary  Comand  with  other 
material  arguments.  That  which  they  at  last  centred  upon 
was  that  S""  Geo  was  the  D's  assignee  tV:  by  vertue  thereof 
had  as  ample  p  [ower]  of  Governm'  as  the  D.  himselfe,  dc 
both  C  Carterett,  Berry,  iSandford  &  Bowers  declared  they 
would  to  their  uttermost  hold  &  defend  their  Go  :m'^  until 
the  K**  pleasure  were  known  thereby  wdio  could  only  be 
judge  in  the  case  with  his  Councill  betweene  his  R  11  ct 
Sir  Geo  Carterett. 

C  Berry  talked  of  Appealeing  unto  Engl  w''  hee  said 
they  had  sett  about  already  but  being  minded    by  S""  Edm 


302  NKW    JERSEY    COLONIAL    DOCUMENTS.  [IGSO 

that  it  was  Impropr  tiling  to  appeal  before  a  jndgment, 
however  they  prcsisted  in  it. 

Sometimes  they  insisted  upon  the  bein/  in  possession 
unmolested  but  a  while  after  the  discourse  was  broken  off. 

After  dinner  S""  Edm.  walkt  down  to  the  pier,  accom- 
panied by  C  Carterett  &  Capt  Barry  with  a  party  of  men  in 
amies,  a  Guard  being  made  for  him  from  the  doors  to  the 
stockades  &  over  to  the  brow  of  the  hill  each  of  the  ptys 
giving  a  volley.  There  was  onely  one  Colours  among 
them.  The  sailors  gave  a  volley  or  two  as  I  g02  aboard, 
so  hauing  a  good  wind  we  reach  home  before  night. 


Warrant  from.    Governor    Andros    to    Arrest    Governor 

Carteret. 

[From  "New  Tork  Colonial  Documents."  Vol.  XEI.,  p.  f'.49.1 

Warrant  to  Arrest  Captain  Pliilipp  Carterett. 

S*"  Edmund  Andros  Ivn*  etc.  Whereas  Ca[)^  Pliilipp 
Carterett  of  New  Jersey  having  presumed  to  assume  and 
Exercise  Authority  and  Jurisdiction  over  the  Kings  Sub- 
jects to  their  great  distui'bance  ifec  in  those  parts  within 
the  bounds  of  his  Ma'"""  Letters  Pattents  to  his  Royal! 
Ilighnesse  and  prcsisted  therein  without  any  Legal  Au- 
thority not  withstanding  his  being  duely  forwarned  and 
comanded  to  tlic  contniiy  whore  up'ni  by  advice  of  my 
counecll  I  have  caused  the  person  of  the  s'?  Cap*  Philip 
Carteret  to  be  apprehended  and  brought  to  this  place  in 
order  to  further  proceedings  according  to  Law  :  These  are 
in  his  Ma*''^  name  to  Require  you  to  take  into  your  charge 
and  custody  the  s*"  Cap*  Philip  Carterett  and  him  safely  to 
kpcpe  untill  further  order  or  his  being  discharged  accord- 
ing to  due  course  of  Law;  and  for  soe  doing  this  shall  l)e 
your  Sufficient  Warrant.     Given  under  my  hand  nnd  Scale 

in  New  Yorke  this  1'^  day  of  May  1080 

E.  Andkop 
To  Cap'  John  Collyer 


1680]  TEIAL    OF    GOVERNOK    CARTEKET.  303 


Extracts  from  the  Ifinutes  of  a  Special  Court  of  Assizes^ 
ff eld  in  New  Yor1i,forthe  Trial  of  Philip  Carteret. 

[From  "Grants  and  Concessions,"  pp.  673,  079,  GSO.] 

At  a  special  Court  of  Assizes  held  in  New-Yorh  tlie 
27*^  and  28'^  of  j\iay,  IGSO 

A.  B.  wlio  as  well  as  &c.  presenteth  Capt.  Pldlipj  Car- 
teret of  Elizabeth- Town  in  JSfev)- Jersey^  for  tliat  lie  the 
said  Capt.  Philip  Carteret,  tlie  7th  Day  of  April,  last  past, 
and  divers  Times  before  and  since,  without  any  lawful 
Kight,  Power  or  Authority  with  Force  and  Arms,  riotously 
and  routonsly  Avith  Capt.  John  Berry,  Capt.  Willimn 
Sandford,  and  several  other  Persons,  hath  presumed  to 
exercise  Jurisdiction  and  Government  over  his  Majesty's 
Subjects,  within  the  Bounds  of  his  Majesty's  Letters 
Patents  granted  to  iiis  Koyal  Highness;  and  although' by 
Publick  Acts  and  Declarations  hath  been  forwarned  [not] 
so  to  do,  he  the  said  Capt.  Philip  Carte/ret,  hath  persisted 
therein,  and  riotously  and  routonsly  with  Force  and  Arms 
hath  endeavoui'ed  to  assert  and  maintain  the  same,  all  which 
Actings  of  the  said  Capt.  Philip  Carteret,  have  tended  to 
the  hinderance  of  the  publick  Peace  of  the  Govei-nment, 
and  in  contempt  of  and  contrary  to  the  Laws  and  Liberty 
of  the  Snl)ject,  and  against  the  Peace  of  our  Sov^ereign 
Lord  the  King,  therefore  prays  that  this  Court  will  pro- 
ceed against  him  the  said  Capt.  Philip  Carteret,  as  the 
Law  in  such  Cases  directs. 

Philip  Carteret,  Esq ;  saith,  that  he  did  refuse  the 
Delivery  of  the  Government  of  New- Jersey,  for  that  ho 
being  Commissionated  Governor  thereof,  by  Power  de- 
rived from  his  Majesty,  and  his  command  to  the  People,  to 
be  obedient  to  the  Government  established  by  Sir  George 
Carteret,  dares  not  deliver  the  same  without  an   especial 


304  .NEW    JKKSKV    CULUMAL    DoClMKNTS.  [IfiSO 

Coniniaiwl  fi-om  tlio  Kiiin;.  mito  wlioiii  lie  liatli  atldrcssud 
liiiiiself  l"<ir  1  )('tc'i-iiiiii:iti<m  ;  ami  wli'Mta,^  he  the  said 
I'jiil'iji  ( '<irf<rrf,  Ks(|  ;  liatli  heeii  \  iolciitly  and  riotously 
halh'(l  (tut  of  his  House  !>}•  ^S'ight  on  the  ^^)Oth  Day  of 
AjnU^  l<5S(i,  by  Sir  Kdimmd  AikIi'oss,  his  Ottieers,  and 
kept  a  Prisoner  ever  sinee.  doth  di-niand  his  Lil)e'i"ty  u])()n 
his  I'arole  to  appear  when  the  Kiui;-  shall  Coniiiiand  it.  and 
doth  j)rotest  against  the  .lurisdiction  of  this  Court,  where 
his  itnj)ri>oner  and  accuser  is  to  he  .1  udiJ:;e,  and  doth  Appeal 
to  the  Determination  of  his  ^lajesty  who  only  is  the  proper 
decider  oi  this  Matter. 

Cai'T.  J^liillip  Cdiicrcf^  of  KrizahrtJi-Ton'i,,  in  ,)'''/'- 
./i  rKiy,  beinu:  presented  for  that  he  the  Tth  Day  of  Ajuil 
last  past,  and  divers  'J'iines  before  and  since,  without  any 
lawful  lvi<j:ht.  Power  oi'  Authority,  hath  presumed  to  exer- 
cise .lurisdiction  and  (iovernment  over  his  Majest3'*s  Sub- 
jects within  the  Bounds  of  his  ]\rajesty's  Letters  Patents 
to  his  Royal  Highness,  and  though  forwarned  hath  per- 
sisted and  riotously  and  idiitonsly  with  Force  and  Arms, 
endeavoured  to  assert  and  maintain  the  same  ;  iVrc.  upon 
"^ri-xal  being  bv  the  Jury  brought  in  not  (inilty,  is  ac(piitted 
accordingly. 

P>ut  the  Court  (k'clarc  their  (  )piiii« 111  and  gi\e  .ludgmcnt, 
that  if  he  the  said  ('apt.  i'driiiut  shall  go  to  .\V//"-/<v.v/ _y, 
he  sho\ild  give  Security  or  Kngagement  not  to  assume  any 
Authority  or  .Jurisdiction  there.  Civil  or  Military. 

liij  m'ih  r  (>f  f/ii    .y )<(■/<//   (iniKf  (>t  ^  l.v.v/.lr.s', 

Matjiias  Nicoi,i,s,  Seci'etarv. 


Accoillif    (if     ( i(ii'( fiinr     Aliil/'os^       I   isif     fn     A'//'     •/(I'xi'i/    to 

Mirf    fli,     J.v.v, //,%. 
[Kioiii  N.  V,  Col.   MSS..  in  Sivrutiiry  of  States  dlti.c.  AlWaiiv,  Vol     XXIX..   p.   Vii.\ 

.lune  1''  n'>S(»  The  (io:  witli  the  Coinicill  vt  sevrall  of 
the  gents  of  tlie  Towne  to  attend  himc  canu'  fi-om  New 
"^'oi-k  about   iiooiic  in   his   sloope   t*,)  come  to  N.  -Jersey  to 


1680]  GOV.    ANDROS    AT    ELIZABETHTOWK.  305 

tlie  Assembly  of  Deputies  to  he  held  the  next  day  at  Eli/c. 
Towne. 

My  Lady  Andros  came  in  company  attend'!  with  9  or 
10  gentlewomen,  my  wife  for  one.  Coniino;  by  C  Palmers 
my  lady  &  Comp^  landed  at  C  Palmers  &  stay'd  all  night. 
My  Lady  Arc  came  in  the  morning  to  Eliz.  Tonne. 

All  the  Dep  came  to  tonne  Berghen  excepted.  In  the 
afternoone  they  were  sworne  that  were  present  being  12 
for  6  tonnes.  The  K*  letters  ])atents  read  &  Go:  Comis- 
sion.  The  Go:  spaked  to  them  upon  sevrall  heads,  bad 
them  to  choose  a  Speaker  &  recommended  them  as  the 
Clarke.  (Isaac  JS^  Whitehead)  which  they  seemed  to  to 
oppose  it  being  their  jwetended  ])rivilege  to  chuse  one 
themselves  but  the  Go:  insisted  npon  his  capacity  <\: 
employm*  as  their  Clarke. 

The  other  two  being  come  were  sworne  of  which  one  of 
them  refused  to  take  the  oath  of  allegiance  at  first  (his 
name  "was  I3onglas)  professing  himselfe  a  Roman  Catho- 
lick,  but  being  informed  it  was  not  the  oath  of  Supremacy 
he  offered  to  take  it  &  was  admitted.  In  the  forenoone 
they  returned  C  Bonne  Speaker  and  Isaac  N  Whitehead 
Clarke.  In  the  fore  noone  they  mett,  and  the  Go:  ex- 
pected a  Returne  npon  the  severall  heads  he  had  first 
spoken  to,  which  were  sent  them  upon  their  desire,  but  in 
lieu  thereof  they  sent  a  paj)er  wherein  they  expected  as 
they  said  an  act  in  Confirmacion  of  their  Coinissions  &c  to 
convene  an  assembly  every  2'"'  Day  of  ( )ct.  in  the  yeare  ; 
concerning  which  the  Go:  said  hee  wonld  speake  to  them 
in  the  Evening. 

Between  7  and  S  in  the  evening  afterwards  they  came 
to  the  Go:  at  M""  AVhiteheads  where  the  Go:  spoke  to  them 
at  large  and  was  answered  by  their  Speaker,  as  in     .     .     . 

This  morning  the  Clarke  bi'ought  (5  Saturday)  mee  the 
Records  of  the  Assembly,  being  Acts  then  passed  set  forth. 
As  they  desired,  I  Avas  sent  to  them  to  know  if  they  had 
any  thing  further  to  propose  6z  to  know  how  long  they 
thought  to  sitt.     To  the  first,  they  s**  it  would  be  Tuesday 


306  Ni:W    .TKK>i;V    Cor.nMAI.     hiirlMKNTP.  [1680 

next  ere  they  would  end  all,  when  tliev  should  have  all 
rendv  for  v*'  (lov:  wlu-i-cupou  I  told  tlicni  for  ye  (iov:  tliat 
he  had  busiiiessc  iu  X.  Y.  ^V:  wnnjil  rctiinic  hy  the  time 
thev  menoioued  for  tiuishiii<^  their  huisuesse  wlien  he 
would  ^-ive  them  an  eariiin-  to  .ill  their  j)roposalR  i^  that 
the  Go:  luidadjoui'ut'd  his  ('ouiicell  till  Tuesday  wlieu  the}' 
would  he  at  Eli/,:  Touiie  likewise. 

The  (tO.  came  away  just  after  nooUf.  AVci'  came  to 
C  J'almers  where  fn''  my  lady  &  gentlewomen.  Twas 
aftei-  dinner  ere  wee  came  away.  1  gave  a  p''  of  b  to  my 
wit\'  who  came  away  and  at  C.  Palmers  ii  of  another  piece 
of  S  change. 

Wee  lay  on  hoai-d  all  night,  came  in  tlu'  Moi'uiug  l^e- 
tiuies.  T  went  this  Sunday  and  the  last  goeing  to  y^  Sacra- 
ment being  so  hurr^'ed  with  Buisness  u])  and  down. 

I  am  goeing  to  J^ng  isl. 

Ill  I II I'll    of  ]ftpiif'/(.s   for  ^\iH'   Jirsrij    A-'<si  itil>l ij,   fo  Meet 
J  Kite  2",  16S<». 

[KioinX.  V.Ciil.  MSS.,  in  Secretary  of  States  ortio,  Alt):inv,  V<il.  \.\1X..  ji,  w:,.\ 

Ketunie  u|)(>n  the  Siimons  to  tlie  Const:  of  tlie 
severall  Tonnes  of  New  Jersey  foi'  Election  ot" 
Depiityes  for  the  AsseiiiMy. 

John  Ward  Const  of  Newarke  makes 
returne  for  their  Tonne  of —  i        iieturned 

M""  Thomas  Johnson  -        May  i'4 

M^  John  Ward  \  lOSo 

,l(»lm  Little,  Const  of  Kli/.ahoth  Tonne 
makes  returne  for  their  tonne  of  i 

M""  Henry  Lven  -        ^lav  26 

M""  Benjamin  Price  j 

The  Const  of  r>ergen  makes  returne  tor 
their  Tonne  of 


I 


W  AVilliam  Douglas  ^       May  2 

M""  Hans  Diedewicker  \ 


99. 


1^80]         PK()(EEi»iX(;s  oi-'  AssEMijLV  Axn  couxcir,.  307 

Richard  Jlartt^hurnc,  Const  of  Middlelon 
makes  Retiirne  for  their  touiie  of  Mr  \ 

John  Bonne  and  -       May  '27 

Jonathan  Hohnei<  ) 

Retnnie  for  Shrewsbnry  M'  Judcth  /        Jnne  2"^' 

Allyn  M'"  John  Hanse  \  at  Eliz. -Tonne 

Ketnrne  for  PiscattaM'ay  M'  John  |  _  ,  - 

(Tilhnan,  M''  Edward  81anghter  \ 

Rotnrne  for  Woodbridge  M''  ].cwis  / 

I5aker  M''  John  Bishop  J''  [  ^" 


/'/■Oct  r/h/i(/-s  of  iltr  2s  <■  w  Jt'i'tse  11  Asiieiiihhj  (IIkI  ('oilKi-ll. 

I  From  N.  V.  Col.  MSS..  iu  Secretary  of  State's  otlite,  Albauy.  Vol.  XXIX.,  p.  IJ(i.| 

New  Jersey  Jnne  2°''  108O 
This  being  tlie  day  appointed  for  the  meeting  of  tlie 
Assembly,    all   the    Depntyes    appeared   for    the    severall 
Tonnes  nnlesse  for  Berghen. 

In  the  afternoone  they  t0(tke  the  (Jath  of  Allegiance. 
The  King's  Letters  Patent  tt  the  Govern*^'"'*  Comission  frt>m 
his  R  IP  read  &  the  Election  of  a  Speaker  <Sz,  Clark  reeo- 
mriuU'd  to  them  after  the  Governor  had  spoken  to  them 
npon  severall  heads  tending  to  their  Generall  good  and 
welfare.  [To  the  following  effect,  as  given  in  ''Grants 
and  Concessions,"  p.  6S<»,  as  certified  to  by  Mathias 
Nicolls,  Secretary  :] 

— [He I  ac(]nainted  them,  that  they  are  met  for  the  King 
and  C'Onntry  Service,  and  in  order  to  it  he  hath  bronght 
the  Kings  Letters  Patents,  nndei'  the  (ireat  Seal  of  J^ny- 
l<iii<L  to  his  Royal  Highness  and  his  Commission,  that  this 
J*art  of  the  Conntry,  may  by  them  their  Representatives 
see  the  Anthority,  and  his  Majesty's  and  his  Royal  High- 
ness care  of  them  in  every  respect,  as  of  the  other  Parts  of 
the  Colony  ;  pnrsnant  to  which  and  Law  he  hatli  en- 
deavoured not  to  be  wanting  in  his  Duty  for  the  wellfare 


308  NKW    .IKKSKV    COLONIAL    Ixx  IMKNTS.  [1680 

<it"  all.  tli(tii<j,li  liy  .<()iiic  mistaken  and  lu-irk-cts,  they  have 
not  been  so  nnaninious  and  united  as  they  on^lit  and  n«i\v 
are  by  the  said  Great  Seal,  whieli  is  their  ijrand  Charter 
Tlule  and  Joint  Safety ;  and  Thinji's  beinj;  now  come  so 
well  to  their  riiiht  C'hanncK  he  ddth  again  by  vii-tue  of  the 
above  Authority  confirm  the  remittin<r  all  i)ast  Actors 
assuming  Authority,  and  ofl'er  to  their  Consideration  how 
necessary  it  is  an  Act  be  made  to  contirm  all  past  Judicial 
ProceedinfTs,  and  for  the  Times  and  Places  of  keepinir  their 
future  Courts  and  Sessions 

And  it  being  of  genei'al  Import,  as  by  Patent,  to  have 
j^eculiar  known  Laws  and  .Method  of  Proceedings,  he  hath 
also  brought  for  their  perusal,  and  oflered  them  the  Law 
Books  composed  and  ]iasr  into  a  Law  by  the  Assembly  at 
If(iiiiKi(t((l,  and  since  confirmed  and  in  force  in  all  other 
J^irts  of  tlie  (Tovernnicnt,  in  M'hich  if  any  small  matter  bo 
wanting,  Liberty  to  make  local  prudential  Laws,  and  lor 
greater  Matters,  not  expressed,  the  (leneral  Coui-t  of 
Assize  to  judge,  \\o\.  rej)ugnant  to  the  Laws  of  Kiujhind : 
And  li|}  is  ready  to  hear  them  and  to  do  his  Part  further 
for  the  good  and  Welfare  of  all  his  Majesty's  Subjects, 
pursuant  to  his  Majesty's  said  Letters  I*atents  and  Author- 
ity under  his  Royal  Highness,  respecting  the  Jurisdiction, 
without  entrenching  upon  any  Mans  Just  Kights,  Proper- 
ties, Freeholds,  Possession  or  Liberty  of  Conscience,  or 
Distinction  of  any  Place  or  Person  comj)orting  themselves, 
as  they  ought. —     . 

In  tlie  E\ening  a  )»aper  was  bixught  from  the  Assem- 
bly '  setting  forth  theii-  cxiiectaccons  as  in  the  s''  papers. 
N"  1  is  sett  forth. 

June  3'"''     The  two  Deputyes  irom  J>erghen   coming  in 

1  It  is  evitleiit,  IVoiii  tin'  confused  niaimcr  in  wliicli  iln'  inintitea  were  kept,  that 
the  same  iudividuul  luteil  for  botli  bodies,  and  iuteiniin^lL'd  their  proceedings  very 
sinKiilarly.  In  anotlier  phice  the  paper  referred  to  in  the  text  is  mentioned  as  hav- 
ing been  presented  on  tlie  lid.  From  th'e  phraseolo;;y  used  in  some  of  the  papers,  it 
is  8npp<)se(\  that  they  were  written  by 'the  (lovernor's  Secretary,  and  are  to  be  con- 
sidered more  as  a  joimiul  of  events,  comjiiled  for  his  infoiination.  tlian  tlie  otticial 
niiuntes  of  either  the  Council  or  Assembly.    Ki>. 


1680]  PROCEEDINGS  OF  ASSEAIBIA'  AND  COUNCIL.  309 

ye  morning  and  niakino-  excuse  for  not  a})pearing  yesterday 
Avere  sworne. 

In  tlie  morning  they  retnrnod  Afr.  -lolin  Bonne  for  their 
speaker  &  M"'  Isaac  A\'^hitehea<]  to  he  Clarke 

At  a  Councell  in  Eliz:  Tonne  June  4'"  ItiSl)  [met  at  M"" 
Whitehead's]  i 

The  pap.  given  in  yesterday  in  the  Evening  to  the  (lov: 
from  the  Deps:  taken  into  Consideracion  Resolved  :  That 
what  is  insisted  upon  by  them,  not  thought  proper  for  the 
(to:  to  take  notice  of,  at  this  time,  the  Jurisdiction  being 
onely  asserted  without  intrenching  on  any  man's  just  rights 
cV:  projierty  Sec. 

That  there  is  sufficient  Care  taken  in  the  King's  L'res 
Patents  for  the  security  and  the  wel|  government  of  his 
subjects.  And  that  an  Assembly  or  Assemblies  bee  called 
as  shall  bee  necessy  • 

That  as  all  acts  made  on  the  K"*  plantacions  are  tempo- 
rary so  not  thought  proper  or  in  the  (to:'s  power  to 
reenact  here  the  K's  L'res  ])atent  being  [our]  onely  grand 
charter  &  best  security. 

l^pon  the  receit  of  a  pap  last  night 

[Resolved  That  the  paper  is  thought  to  bee  improper 
and  that  the  Assembly  be  sent  for  &  minded  of  what  the 
Cto:  &  Councill  spake  to  them  at  their  first  meeting  as  meet 
materiall  expecting  a  suiteable  answer.] 

The  Dep**  appearing  at  M""  Whitelieads,  the  Clarke  being 
sent  for,  the  Gov:  discoursed  w*^  them  upon  their  paper 
ik  other  Publick  Affaires.  [To  the  w''^]  M''  Bonne,  the 
Speaker  made  answer  on  behalfe  of  the  rest,  &  held  an 
argument  of  neare  2  honres,  pleading  their  I'ights  & 
priviledges  of  Dep''  Arc  but  [at  length  seemed  to  bee  Con- 
vinced] almost by  ye  Gov:  of  having  them 

settled  by  an  Act  as  they  desired,  though  left  with  hopes 
of  having  an  Assendjly  upon  occasions.  _ 

1  The  -words  in  brackets  in  this  document  are  inserted  from  another  ]]^per,  the 
differences  in  verbiage  being  remarkable. 


310  \K\V    .IKKSKY    COI.oNIAr,    P(K  TMKN'IS.  [1080 

Tlie(T()\-:  leaviiiii;  tlieiii  in  tlic  K\ciiiiiii'  after  tlieii' sit- 
tiiii^,  they  sent  (two  of  tlieir]  nie88eng'er[8]  witli  a  paper  to 
bee  put  into  an  act  foi-  a  T'onfirinneion  of  their  past  acts  in 
[November]  last,  without  iiKiicionini;-  of  them.  I  was 
ordered  to  aske  for  a  (^opy  or  a  sight  of  the  laws  whicl.i  the 
Clarke  ]ironiiscd  to  nc<|n:iint  the  Speaker  with. 

-Tunc  :.  lOsO 
The   (\)nncell    meeting-  the   Go:  and  takeinii'  into  Con- 
sideracion     the    dilatory    it'    tedious    ])i-oc('cdin<:-s    of    the 
Assembly : 

Kesolved  That  the  (to:  tfc  C'onncill  repairc  back  to  X.  Y. 
tfe  returne  hither  from  thence  on  Tlini'sday  next  in  order  t<t 
meete  liere  Fryday  iw  Councill  cV:  that  the  Assembly  bee 
spoken  to  in  the  meantime  to  p)-epare  what  pnl»lick  matters 
they  liave  to  prepai-e  ct'  communicate  to  the  Go: 

That  as  to  the  LaM'CS  of  their  Assembly  they  bee 
accpiainted  tliat  a  copie  of  them  is  desii'ed  to  take  it  to  bee 
ti'anscribed  at  N.  V.  if  they  can  spare  tlieiu  ;  if  not  to 
Ik'o  taken  here  afterwards. 

!>     The  (to:  returned  to  the  Assend)ly. 
A  ])ai)er  ])rought  from  the  Assembly  desiring  a  ("oniittee 
as  to  ye  Paper  N"  3. 

10  Another  ]ia])er  ai)ont  a  new  Deputy  in  the  place  of 
^f""  i)oui;las  as  in  ye  pajier  X"  4. 

[1 1.  r[)on  an  addresse  from  the  Assembly  of  the  lUh  at 
ni!;ht  for  a  Conference  u])on  the  (io\crinut  pro]»osals 
Uesolved  They  being  plaine  A:  no  answer  nor  diffei"ence  or 
occasion  knoiine  requires  no  conference,  but  however  some 
of  the  Councill  to  bee  ready  tomorrow  the  11"' Inst  at  2 
oclock  in  the  aftei'iioone  to  heare  any  answi'i-  or  discoui'se 
from  the  Assembly,  if  desired  by  them.  | 

11  Of  the  Councill  there  was  the  Seer  W  Donell,  M'' 
Cortlandt,  of  the  Assembly,  tlit;  speaker,  MT  Johnson,  M"" 
Ward,  ti:  some  othei-s.  The  I)e|)utyes  oil'ei'ed  to  enter  into 
discourse  of  se\ei'all    ]>ai'tiiMil;irs   but   the  Councill    I'eferrVl 


1G80]  PROCEEDINGS   OF  ASSEMULY  AND  COrNClL.  3ll 

theiii  to  make  answer  to  wliat  they  had  given  tliem  in 
cliarge  from  the  Go:  ct  tliat  they  were  ready  to  heare  what 
they  had  to  propose  whicli  they  .slionld  give  an  acct  of  to 
the  Go:  but  they  insisted  on  the_y  had  given  in  ah'eady,  so 
broke  off. 

In  the  evening  another  })aiH'r  sent  by  tlie  Assend)ly  as 
their  answer  ifce 

12  TJie  answer  from  the  Assembly  read  in  Conncill 
Resolved  That  nothing  offered  by  the  Assembly  is  foi-  the 
K  or  Country's  service,  but  the  contrary  particularly 
reflecting  upon  his  Maj"?''  L'res  patents  &  the  Authority 
thereof 

Advised  &  Resolved.     That  the  Assemblv  bee  dissolved. 


Papers  Referred  to  in  tlie  Foregoing  Proceedings. 

[From  X.  Y.  Col.  MSS.,  in  Secretary  of  State's  office,  Albany,  Vol.  XXIX..  p.  11.1.1 

[No.  1.] 
1680     New  Jersey  Assembly  to  the  Go: 

June  2"*^  Wee  the  Deputies  of  the  Freeholders  of  this 
Province  of  New  Jersey  doe  expect  that  all  ])riviledges 
belonging  to  Inhabitants  Sz  Freeholders  of  the  s''  Province 
granted  to  them  by  Yertue  of  the  Concessions  made  by  the 
Ld  John  ])erkeley  &  S''  (ieorge  Carterett  bee  to  all  Intents 
i^'^  i^urposes  allowed  &  confirmed  ife  maintained  to  the 
aforesaid  Inhabit"'**  &  Freeholders  without  any  Infringe- 
in*:  one  particular  principal  whereof  is  as  of  right  l)elong- 
ing  to  eveiy  free  borne  Englishman,  that  there  bee  a 
(-renerall  Asseml)ly  called  once  a  yeai-e  &  to  mete  the  2'"* 
Tuesday  in  Oct'"  according  to  our  usuall  custom  for  the 
making  of  all  such  peculiar  lawes  as  shall  bee  necessary  for 

the  good  of  tlie  Province 

Isaac  AViiitehead 

Clerk  to    l)ci)uty. 


[No.  2.] 
June  4"'     Bee  it  enacted  by  thes  Geneall  Assembly  & 
the  authoritv  thereof  that  all  former  laws  &  acts  of  Assem- 


?>12  NKW    .IKKSKV    Cor.ONIAr.    IXUIMKXTS.  [1680 

1)1  y,  that  was  made  Ar  ('(^ntirmcd  Kv  the  Geii'  Assembly 
settino^  at  Eliz-Toune  in  the  j>i(»\  iiice  of  New  Jersey  in 
[Xovemher]  last  bee  (•(.niiiiiicfl  for  this  pres'  yeare 

Isaac  AVihtehea]) 

(Mei"k  of  I)e])uties. 

[To  this  is  a|)pen<le(l^  as  j)i-iiite(l  in  "(Ji-ants  an<l  Con- 
cessions, p.  ()S'.^,  the  followin<2;  additional  matter  :  | 

— Willi  tliis  Act  we  did  also  dflivev  in  a  Co])y  of  our  J.aws. 

Our  Proposals  is.  that  we  may  have  all  those  Privileges 
Confirmed  ro  ns.  as  thcv  ai"e  ffranted  tocverv  Feeeholdei-  in 
this  Pi'ovince  in  onr  Concessions. 

/ft'///.  The  Confirmation  of  onr  own  Laws,  as  we  have 
already  presented  with  our  J^aw-Uook  to  Sir  hl///i/iKl 
A/i(li'/>-'<>i,  and  his  (N3nncil. 

These  two  Proposals  should  have  been  annexed  to  the 
Answer  to  what  Sir  K(li////n<l  A)/th-t)!<'<  delivereil  in  his 
Paper,  signed  l)y  Secretary  yi/'olU,  and  was  the  last  Paper 
that  was  delivered  to  Sir  Edmund  by  the  Depnties — 


[No.  8.1 
HoN«P  S" 

June  9"'     That  which  the  Depnties  desired  a  Committee 
from  y''  hon*"*^  selfe  &  Conncill  was  ct  is  to  Conferre  about 

y''  lion'-  ]»i-o]M»sals  ])i'es('nte(l  U^  us. 

IsA\(      WniTKUKAO 

(  lei'k  to  l)e])uty6 


[No.  4.] 
1(1^''  Hon""  S"  :  The  Dep:  finding  occasion  to  j)urge 
themselves  of  such  a  member  as  cannot  be  allowed  of  by 
law,  namely,  AVilliam  Douglas,  the  afore"''  member  upon 
examhuition  ouuing  himself  to  be  a  Roman  Catholic.k,  wee 
have  proceeded  so  to  doe.  A;  further  desire  y""  honor  to 
issue  out  y""  warrant  to  the  Toune  of  Berghen  foi-  a  new 
choice  for  one  to  supply  his  place  so  make  u])  our  number 
t^:  full  coicn.  Isaac  Wuitkhead 

Gierke  to  Deputies. 


1680]  PROCEEDINGS  AGAINST  TAYLOR  AND  CURTIS.  31; 


P/'Oceediiigs  Against    WiUl<i))i    Taijlor  aiul  John    Curtis. 

[From  N.  Y.  Col.  MSS.,  in  Secietary  of  State's  office.  Vol.  XXIX.,  pp.  Ill,  112.] 

Elizal)etli  Tonne  June  8  1680 
I  underwritten,  being  at  Jonas  Wood  y*'  ordinary  Keeper 
there  did  I  heare  Wm  Tailor  conionly  called  Doctor  Tailor 
utter  many  railing  invective  speeches  against  S''  Edmund 
Andross  &  his  Government  saying  y*  8''  Edmund  Andross 
was  a  rogue  &  a  traitor  &  had  dealt  treacherously  in  tak- 
ing away  theire  Governour,  meaning  Captain  Phillip  Car- 
terett  &  y*  lie  would  say  it  to  his  face  then  i-epeating  y® 
words  he  had  s*^  afores'\  together  witli  many  other  oppro- 
brious Language,  at  which  discourse  Mr  Justice  Ward  bid 
him  hold  his  tongue,  yett  still  he  did  persist,  saying  y*  8"" 
Edmond  had  none  butt  a  Company  of  Kogues  and  Traitors 
about  him  in  his  Councill,  ct  yt  he  would  not  be  governed 
by  such.  This  being  the  very  words  though  often  repeated. 
As  witnesseth  my  hand  E,  Mann 

Whereas  information  is  given  that  one  William  Taylour, 
a  transient  person  having  no  certaine  place  of  abode,  corn- 
only  called  "  Doc'' ''  or  "  Survey"" "  &  John  Curtis,  late  of 
Hempstead  on  Long  Island,  labourer,  have  maliciously 
uttered  very  ojjprobrious  words  both  of  the  Go:  ifc  Gover- 
ment,  tending  to  the  Breach  &  Disturbance  of  his  Maj"*^* 
peace  in  these  pt.  These  are  in  his  Maj''"''  name  to  require 
you  to  seeze  upon  the  p'sons  of  the  s''  .  .  .  .  Taylour 
&  John  Curtis  &  them  safely  to  keepe  untill  they  can  be 
conveyed  over  to  ]S[.  Y.  there  to  bee  delivered  into  ye 
custody  of  tlie  SherifFe  of  the  City  &  remain  in  Prison 
untill  further  order  or  that  tliey  shall  beediscliarged  by  due 
course  of  law.  Dated  in  Eli/,.  Toune  in  N.  Jersey  this  9^*^ 
day  of  June  1680 

&  brijig  them  before  mee  in  this  place  or  someother 
Justice  of  the  Peace  of  tliis  Governi*^  to  be  examined  touch- 


'>14  NKW    .TKKSKV    COLONIAL    1)0(  T.MENTS.  [IGSO 

illy;  the  tnitli  of  tlie  iimtter  layd  to  their  Charge  for  the 
dooiiig  whereof  this  sluill  be  y'"  warrant.  Dated  in  Eli/. 
T(»uiie  in  New  Jersey-  this  '.♦"'  dux  of  June  l<'>S(i 

To  the  Const  of  Elizal)eth  Tonne 

Endorsed.  A  war't  to  tlie  Constal)le  of  Xewarke  to  sieze 
n))on  it  secure  ye  W"'  J*  Taylor  if  to  liee  f<»und  witliin 
their  ])re('iiict.      duiU'  J(>  IHSO 

A  war't  to  tlie  Constable  of  Klixabeth  Toune  to  sie/.e 
upon  W"  Tyler  v'c  .lohn  Curtis  for  use  abusive  lanu-uage 
against  Go:  ct  (iov'.  dune  ".»'"  Kiso. 

John  Curtis  ....  coniitted  into  tlie  ('i»n>t.  hands 
till  furthei-  oi'der. 


Fi'dhi    (lovcriior    Cdiirrct  to    1/n    J'foj>ri<iiir.^ 

[From  ■' (ii'aiits  and  Coiiccssioiis."  \k  ti77.1 

Letter  from  (Tovenior   Carteivt   to  the    I^r<>]>riett»r 
ii.-ii  ratiiiu'  tlie  proceed iiio\s  of  (xovenioi'  Andios. 

KlOH'l     lIo.Not  KA15LE    SiK 

Since  my  last  of  the  Sth  Ajiril,  lOSo,  the  Copies  where- 
of I  hei'ewith  send  you,  Sir  I'jliniind  Audruss  canu'  hither 
on  II  ttliii-sthnj  the  7th  Instant  acconij>anied  with  several 
of  his  Ofhcei-s,  Councellors  and  iMei'chants.  t<»  demand  the 
(ioveniiiient  of  this  your  IIoue"'''s  Pi-o\  iiu*e.  supposing  to 
have  gaiiu'd  it  eithe»-  by  Tin-eats  or  Flattery  ;  and  having 
Notici'  of  it  befoi'e  hand  1  had  gotten  together  a  Matter  of 
15(t  Men  in  Arms  to  reeei\'e  liim,  doubting  he  would  have 
bi'ought  some  offensive  h'orces  along  with  him  but  did  not, 
and  having  lea\e  with  his  Train  to  come  a  Shore,  he  came 
up  to  my  House,  where  after  \\\v  ('ivilities  ])ast,  lie  began 
to  show   by  what    Authority  he  Iiail   to  lay  Claim  to   the 

1  Tbe  uaiiie  Ih  uut  given  in  the  printed  cupy,  and  it  is  presumed  the  letter  was 
written  to  Sir  George  ("arterel.  >;rund!4(>n  and  heir  of  the  original  proprietor  who  had 
died  Jauiiiirv  lUlli,  ItiHO.    Eh. 


lr>sr>]         Carteret's  account  of  andros'  visit.  315 

Government ;  and  first  began  publickly  to  read  his  Majes- 
ty's Letters  Patents,  nnder  tlie  Great  Seal,  directed  to 
liiniself  for  the  receiving  of  the  whole  Conntry  from  the 
Dutch,  which  signified  little  to  the  Purpose  ;  than  [then  T\ 
he  brought  out  his  Majesty's  Grant  to  his  Royal  Highness 
with  tlie  broad  Seal  to  it,  which  myself  and  Council  liad 
sufficiently  examined  before,  which  was  likewise  read  pub- 
lickly, as  also  his  Commission  from  his  Poyal  Highness, 
that  being  done  we  drew  into  the  House  and  came  to  the 
Tal)le,  where  we  laid  open  those  Writings  we  had  in  your 
Honours  behalf  from  his  Majesty  and  his  Poyal  Highness, 
and  had  several  Arguments  upon  them,  when  coming  to  a 
Conclusion,  we  maintained  and  madQ  it  appear  that  by  the 
same  Authority  he  denumded  the  Government,  by  the  very 
same  your  Honour  doth  hold  yours  of  this  Part  of  the 
Province,  as  being  the  Dukes  Assignee  ;  upon  which  his 
last  Answer  was,  that  he  had  showed  what  Authority  he 
had  and  according  to  his  Duty  did  require  it  in  behalf  of 
his  Master,  and  if  we  would  not  obey  him,  let  it  rest  at  our 
Perils,  for  that  we  answered  him  we  had  sent  away  our 
appeal  to  his  Majesty,  and  should  be  ready  to  submit  to 
what  his  Majesty  should  determine,  and  then  we  went  to 
Dinner,  thajt  done  we  accompanied  him  to  his  Sloop  and  so 
parted. 

Now  your  Honour  may  be  pleased  to  take  jS^otice,  that 
we  do  not  conclude  that  this  Business  will  End,  but  will 
depeiul  upon  your  Honour's  diligence  to  have  a  final  Issue 
of  all  differences  according  to  that  whicJi  myself  and  Coun- 
cil have  advised  your  Honour,  and  to  be  sent  us  witii  all 
the  speed  that  may  be  ;  no  more  at  present  but  remain 
your  Honours  most  faithful  and  humble  Servant. 

Elhahcth-Toirn,  jVew-Jersct/,  Jvhj\n\\,  1080. 


Mr.  Coustrier, 

Sir,  Since  the  Writing  al)(>ve,  I  camiot  omit  inform- 
ing you  of  Sir  ^f/>/iw<// -I// ^//vas-.v,  his  Actions  and  Proceed- 
ings  to    the    Government  of  the  Province  of  jYetv-Je/set/, 


316         NEW  JERSEY  COLONIAL  DOCUMENTS.       [16S0 

where  after  main'  Debates  and  Disjuites,  we  (joncluded  to 
tlecide  it  ratlier  bj  Arguments  tlian  Arms,  but  tlie  llaneor 
and  Malice  of  his  Heart  was  sncli,  that  on  tlie  3<itli  day  of 
Ajiril  last,  he  sent  a  Party  of  Soldiers  to  fetch  me  away 
Dead  or  alive,  so  that  in  the  Dead  Time  of  the  Xight  broke 
0])en  niv  Dooi's  and  most  barbai'ously  and  inhumanly  and 
violently  liiilled  uw  out  of  my  1)0(1.  tliat  I  have  not  Words 
enong-li  snthciently  to  ex})i"ess  the  Ci'uelty  of  it :  and  Indeed 
I  am  so  disable<l  by  the  ]jrnises  and  Hurts  I  then  received, 
that  I  fear  I  shall  hardly  be  a  i)erfect  Man  again  Capt. 
BoUcn,  will  inform  you  more  am])le  to  whom  T  refer  3'ou, 
and  desire  you  to  be  assistant  to  him  in  whatsoever  you 
may.  and  you  will  intinitely  oblige  him  that  is  Sir, 

\"oui'  humble  Sei'\ant. 


Gov*'rit(>i-  Ciii't'i'd  to  ('<i2>fiiiii    lioJIi-H. 

(From  '•  Giiiuts  and  Coucegsions,"  p.  (is.'}.] 

Captain  Bollen, 

/6V?',  Yours  from  Farejield,  dated  the  18th  Mai/,  which 
was  dii-ected  to  GtHtnji'  Jewel,  it  M'as  a  Month  before  it 
came  to  my  Hands  ;  and  your  other  tM'o  Letters  by  JoJin 
Wlllson's  Wife  of  the  8th  June,  and  '21st,  being  three 
Weeks  after,  before  I  received  them,  which  was  by  reason 
of  the  long  Passage  of  the  Vessel.  I  could  gladly  have 
Avished  that  I  could  have  written- to  you  when  you  were  in 
Xew-Kncjlaml,  but  could  not  with  safety  in  the  Time  of  my 
Imprisonment,  which  was  five  AVeeks  before  they  brought 
me  to  my  Tryal,  and  this  being  the  iirst  0])portunity,  with 
Convenience,  that  I  ha\e  had  since  your  Departure,  which 
goeth  by  Mr.  Georrje  lleniJicoft,  for  Kngland,  giving  you 
an  Account  of  Sir  Eilmuml  .l//^//'w.v.  Proceedings.  When 
1  came  to  my  Trj^al  my  Intentions  at  first  was  not  to  have 
entered  a  Plea,  and  to  have  protested  against  the  Jurisdic- 
tion of  the  Court;  but  finding  the  Court  to  be  over  ruled 


1680]  Carteret's  account  of  his  trial.  317 

bv  him,  was  forced  to  enter  a  Plea,  and  pleaded  not  guilty 
of  what  he  alledgcd  against  nie  in  my  Presentment ;  and 
also  was  ready  to  make  out  and  justify  my  Actings  as 
Governor  of  NevyJerwij,  to  be  legal  and  by  Virtue  of 
Power  derived  from  the  King ;  to  which  purpose  recom- 
njended  to  the  view  of  the  Court,  my  Commission  with 
other  Instructions  to  manifest  the  same,  which  was  deliv- 
ered with  a  Chai'ge  to  the  Jury,  who  after  a  perusal  of  the 
same  by  the  Jury,  was  to  make  a  return  of  their  Verdict 
concerning  it,  with  their  Verdict  in  Matter  of  Fact,  which 
was  thus  brought  in  by  the  Jury :  The  Prisoner  at  the 
Bar  not  Guilty — Upon  which  he  asked  them  Questions  and 
demanded  their  Reasons — which  I  pleaded  was  contrary  to 
Law  for  a  Jury  to  give  Reasons  after  their  Verdict  given 
in  ;  nevertheless  he  sent  them  twice  or  thrice  out,  giving 
them  new  Charges,  which  I  pleaded  as  at  first  to  be  con- 
trary to  Law,  notwithstanding  the  last  Verdict  of  the  Jury 
being  according  to  the  first  brought  in  by  tliem^  the.  I*/-is- 
oner  at  t/ie  Bar  not  Ga'dtij^  upon  which  I  was  acquitted 
accordingly,  as  you  will  [see]  by  a  Copy  of  my  Tryal  which 
I  here  inclosed  do  send  you,  with  the  rest  of  Sir  Edmund 
Andross  Proceedings  against  me — If  you  cannot  find  the 
Book  amongst  Sir  George  Carteret,  where  all  the  Proceed- 
ings of  N'eio-Jersey  are  Copied  in,  as  Deeds  Transports  or 
the  like  from  his  Royal  Highness  to  Sir  George  Carteret, 
you  will  lind  the  said  Book  in  the  Hands  of  Mr.  Holder, 
the  Dukes  Auditor :  Also  to  be  mindful  as  there  hath  been 
a  new  Dividend  or  Alteration  of  the  worst  [west'^]  Part  of 
the  Province  where  the  Quakers  do  live  from  this,  to  take 
this  opportunity  for  to  have  it  renewed,  that  we  may  know 
the  certain  Bounds  and  Distinction  of  both  ;  and  do  like- 
wise advise  you  to  address  yourself  to  the  Commissioners  of 
the  Ciistom-House,  to  whom  I  have  also  sent  Copies  of  Sir 
Edrrmnd  Andross  Transactions,  and  also  desire  theii* 
Assistance  to  my  Lady  Carteret  in  this  Business;  and  like- 
wise to  make  acquainted  of  the  same  both  Sir  Edward 
Carterefs,  Doctor  Darvall,  Mr.  De  Maresipie,  Capt.  Me 


318  NKW    .IKK^KV    (  (»I,().\IAI,     I  >t  •(  IM  1,NT>.  [1680 

strrr'n  ^  and  tlie  ivst  of  iiiv  Friends  and  .Vc(|ii:iiiitaiice  there, 
to  1)0  Assistaiit.s  for  our  I'elief  in  this  Case  ;  and  if  j)o6sible 
fhcv  ran  to  endeavour  tlicir  utmost  means  for  the  obtain- 
in:Lj:  <'>ii"  Powers  ai^ain,  and  all  Things  to  be  confirmed  and 
run  in  their  former  Channel  "with  us  as  they  did  before. 
1  lia\e  wi'itten  to  my  Lady  C  W/A/'//.  about  Amhoi/.  ami 
some  other  concerns  of  my  own,  for  which  I  would  pray 
you  to  use  your  utmost  endeavours  to  have  a  ii-rant  of  my 
rcijuest  therein,  and  what  lies  in  my  Power  shall  uot  be 
wantint;  for  the  Su})ply  of  your  Children,  and  uiindfull- 
ness  of  your  ('oncerns  here.  By  this  o})portunity  of  Mr. 
lliiiilifoli,  Capt.  7>y/v' is  intended  for  Kiiglaiid,  by  which 
I  thought  good  to  advise  you,  to  be  observant  in  his 
^Motions,  that  he  dotli  uot  Swai-e  and  llomauce  against  us, 
as  he  did  the  Time  before,  and  l)y  all  opportunities  that  1 
may  hear  from  you,  and  to  be  very  diligent  of  our  cou- 
cerns  in  Knyhoid,  leaving  no  Stone  unturned  that  may  be 
for  our  good,  and  as  often  as  need  doth  re«juirt'.  shall  not 
be  wanting  in  doing  my  Part  in  AVriting  t()  you  by  all 
<  )pp<U'tuuities  tliat  doth  pi'cscnt,  the  like  I  t'xpcct  from 
you  aiul  so  i-emain 

Yi))i I'  <i)<-'<i' ri<l  li'i'iiKj  ]' rti  iiil^  I*.   C. 


(th/)  cf  tniiN  i>T  1li<  J' m  Jnihlcfs  dinl  I /i /nilufil  ills  ill  \\<iiiiJ- 
hi'i(l<je  to  J/dliiKj  ('/unci  of  ./ii.sfics  III  Accuri/inici 
ii'iffi  fill    I  iisi  I'lirfiniix  iif   ( iiirifDoi'  ^[  ml  fo^:. 

IKinm    \.  V.  t'ol.    MSS..  ill  Sccffhiiy  of  Stiitf's  otlico.  Alliaiiy,  Vol.  .\.\l\..  y.  \X\.\ 

An  (U-der  being  presented  at  a  Publick  Toune  meeting 
at  Woodbridge  July  14  1680  to  tlie  Ffreeholders  A:  Iidiab- 
itants  there  from  S""  Ednioiid  Andrews  Iv'  CT(.>vernourr 
(u'ncrall  Arc  re(piiring  them  to  make  choice  cV  returne  the 
names  of  three  litt  })ersons  for  kee})ing  monthly  courts,  tV: 
detennining  matters  not  exceeding  forty  shillings,  beareing 
date  25"'  day  of  June  in  the  32'"'  yeare  of  his  Maj""'"  Raigne 
1()8<> 


1680]  APPROVAL    OF    PISCATAWAY    APPOINTMENTS.  319 

Wee  the  ffreeliolders  iV  liihaltitant.s  having  obtained  a 
Graunt  or  Charter  tVoiii  Governuur  Philip  Oartei-et  tte 
Conneil  bearing  date  j*"  first  day  of  June  166*J,  containing 
severail  privileges,  whereof  one  is,  to  Erect  or  Ordaynea 
Court  of  Judicature  witliin  their  oune  Jurisdiction,  for  the 
Triall  of  all  Causes  Actionab'*'  A:c  &  power  to  choose  their 
oune  Mao-istrates  to  ioine  with  the  President  or  -ludo-e  of 
the  s*"  Court  Arc  doe  hoi)e  his  flono''  will  not  infringe  any 
of  these  our  Priviledges  therein  grauuted,  but  will  Con 
tinue  us  iu  the  same,  therefore  at  present  see  no  reason  to 
make  choice  of  any  men  for  the  end  iu  the  sd  order  ex- 
pressed. 

By  order  of  the  Ffreehohiers  cV:  Inhabitants  j)reseut. 

Sam^  Moore  Toune  Clerke. 


Aj>j>/'0(Utl  ()f  Vi><cidiiii'(ni  Apj^KnntiitcriU. 

[From  X.  Y.  Col.  MSS..  iu  Secretary  of  State's  office,  Albany.  Vol.  XXIX.,  p.  153.] 

By  the  Governour 

Upon  the  Keturnes  from  the  Touiies  of  Pisscatacjua  in 
Xew  Jersey  of  Capt  Henry  Greenland,  M''  Johu  Gillman 
and  M''  Edward  Slaughter  to  bee  Overseers  ^  or  .  .  .  . 
for  their  Toune  Courts,  I  doe  Approve  of  their  choice 
and  together  with  auy  of  y^  Justices  of  ye  Peace  to  keepe 
the  Toune  Courts  and  to  heare  and  determine  all  matters 
not  Exceeding  Five  pounds  according  to  Law. 

Given  under  my  hand  in  Xew  Yorke  this  25"'  day  of 
July  1080. 

ProceediiKjK  of  Council. 

[From  N.   Y    Col.  MSS.,  in  Secretary   of  States  ottice.    Vol.  XXIX.,    pp.  IWt,   179.1 

At  a  Councill  in  New  Yorke  July  21  168(» 
-New  Jersey  Buisness  upon  Returnes  from  Eliz:  Toune 
&  Newarke  for  Clarke  of  the  Cor"^  of  Sessions,  John  War- 
ren &  Jos     .     .     .     John  Warren  to  bee  Clarke 

1  The  same  were  returned  ''Members  for  ye  Cort  of  Small  causes,  "  August  4th, 
1680.    Ed. 


320  xi:\v  .tp:kskv  roi.oxiAL  norrMi;NT>.  [16S0 

Tlie  retiirne  from  Kliz:  Tuiiiie  c^:  Xewarke :  for  Kliz: 
Toiiiie— M-"  Isaac  A  Whitehead  Sell^  M'  Hen:  Lvens  M"" 
George  liowe. 

?\)r  !N"ewarke  :  M""  John  Wartl,  W  Thomas  .lolmson 
Capt  Samnell  Swaine 

A[)))rove(l  to  bee  ( )ver8eers  (or  ottieers  0  *fc  together 
with  the  Justices  of  y''  Tonne  &c  lieare  &  determine  all 
matters  not  exceeding  5  £  according  to  Law. 

^r  Thomas  Johnson  to  be  Jnstice  at  Newarke  as  desired. 

A  j)articulai-  Comisioii  for  one  year  or  further  Orders. 

N.  Y.     At  a  Councill  Arc  July  :i'»  Ui^o. 

T'pon  the  retnrne  from  15ei-ghen,  npon  being  informed 
tliat  none  of did  meete. 

Eesolved  That  Cornelius  VanderBurgh,  ife  Gerrit  Ger- 
ritye  bee  allowed.  Ildyrck  Clark  Braedj  6c  Elyas  Miehaelye 
bee  not  allowed  &  .  .  .  Tonne  meeting  to  bee  held 
Monday  next  at  Berghen  tor  the  naming  of  two  others  as 
also  of  a  New  Constable  in  the  place  of  Capt  Hans 
Diderick  his  time  of  ('onstable  being  long  since  expired 

Woodbridge.  Sam:  Dennis  to  be  Clarke  being  one  of 
the  two  retnrned  cV:  a  Comission  for  a  Xew  Justice  there  dc 
a  returne  of  the  inferior  officers  forthwith  bee  made. 

Capt  Hy  Greenland  a  Comission  to  bee  Justice  at  Pis- 
cattaway.* 

A  peticion  from  W'"  Meaker  of  New  Jei'sey  A:  State  of 
his  Case  for  Release 

To  lune  his  remedy  at  law  according  to  iiis  peticion. 

/*/■///■<</// /u/.s    At/'/m-sf   rliilni    (iti'tiK. 
(From  X.  Y.  ("ol.  MSS..  in  Se<irtary  ol'  Statf's  otHcf,  iVUiany.   Vol.   XXIX..  p.  18:1.] 

For  having  nttered  scandalous  and  seditious  woixls  and 
Expressions  agst  the  Go:  6c  GovnT'. 

Whereas,  John  Curtis  lately  a   I'risoiier  at   New  Vorke 

1  On  August  4th.  1C80,  chosen  also,  with  Joliii  Oilnian  and  Edward  Slater,  to  form 
the  Court  of  Small  Causes.    Ed. 


1H80]  WARKANT  TO  ARREST  MOORE  AND  DENNIS.  321 

hav^ing  by  the  Sheriffe  been  lett  out  upon  Bayle  to  returne 
again  to  j^rison  in  some  short  time  or  wliensoever  hee 
should  bee  sent  for  or  have  notice  thereof,  the  which  hee 
hath  neglected  or  refused  to  doe,  but  ....  lurking 
up  &  doune  to  keepe  himselfe  from  Justice.  These  are  in 
his  Maj"*^*  name  to  require  3'ou  to  make  diligent  search  & 
Enquiry  after  the  &'^  Curtis  &  if  hee  shall  bee  found  within 
s*^  Towne  &  precinct  that  you  forthwith  .  .  &  secure 
him  &  safely  convey  him  into  ye  hands  of  ye  Sheriffe  of 
New  Yorke,  where  Care  shall  be  taken  all  charges  unto 
you  arrising  on  this  acct  hereto  you  are  not  to  fayle,  other 
matters  to  ye  contrary  at  your  own  peril.  Given  under 
our  hand  &  seal  in  Woodbridge  this  4^'*  day  of  Aug.  1680. 
To  the  Cor*  at  Woodbridge. 

Another  left  at  Eliz:  Toune  for  y*'  Constable. 


Wa/'rant  fui'  the  Arrest  of  Samuel  Moore  and  Sanmel 

Dennis. 

(From  N.  Y.  Col.  MSS.,  iu  Secretary  of  State's  ollice,  Albany,  Vol.  XXIX.,  ;>.  18-1.] 

Whereas,  Samuell  Moore  of  this  place  having  been  by 
us  ordered  &  Comanded  to  give  his  attendance  on  the  Go: 
at  N.  Y.  to  answer  his  signing  to  a  paper  in  the  name  of 
the  Toune  whereon  they  positively  refuse  to  obey  S'"  Ed- 
mund Andros,  (the  Governor)  order  by  choosing  officers 
for  their  Toune  Co'*®  &  Samuell  Dennis  having  likewise 
contemptuously  refused  the  Go*  choice  of  him  to  bee 
Clarke  to  the  County  Co'"'  or  Sessions,  hee  being  one  of 
those  returned  by  the  Justices  for  that  Place,  Hee  the  sd 
Moore,  after  having  denyed  to  goe  if  he  could  heljje,  slip- 
ping out  of  the  way  whilst  a  warr*  was  preparing  for  him 
after  having  refused  his  Comisions  &  also  suspected  to 
have  a  hand  in  promoting  the  Tonne's  Result  afores''^,  it 
being  drawne  up  with  his  oune  hand  writing  as  was  sup- 
posed, &  having  fayled   to   come  to  us  this  day  as  hee 


322  m:\v  .ikkskv  (olomai,  ixximknts.  [1680 

})i'i>iiii>('(l.  Tliesr  arc  in  his  Maj'"''  Xaiiic  to  rc(|uii-('  voii  to 
n])]>i-flicii(l  till'  l)(»(lvs  of  tlic  s''  Siim:  Moore  ^V:  Saimu-Il 
Dennis  as  soon  as  tliey  shall  or  can  bee  found  within  ye 
tounc  A:  precinct  &  that  ye  coniand  some  of  his  Ma"*"** 
li'ood  suhjects  of  the  place  oi'  iicii;Iil)oiirhood  tci  assist  you 
therein,  if  wanted,  as  also  in  eoii\i'yin<f  them  or  either  of 
them  if  you  cannot  nu>ete  with  hoth  to  ye  city  <A'  New 
Yorke  to  hee  deli\'ere(l  into  the  Siiei-ift'e's  liands,  whei'e 
Care  will  bee  taken  to  satisfy  all  necessary  eliai'i;e  on  tliis 
acct.  Hereof  you  are  not  to  fayle  at  your  utmost  jterill. 
Given  uiulei'  our  hand  and  >eal  at  ^Voodbrid<re  the  4"'  dav 
of  August  1<)80. 

To  the  Const  at  AV^oodIii'idi;\'. 


J */'ocec/h' />(/■'<  (>f  Ciiiiin-il. 

IFiom   \.   V.  Col.  MSS.,   in  Si'civtniy  of  Slali'.s  oliirc.   Albany,  '^'ol.  XXIX.   p.   187.1 

At  a  (N.uneell  kv   Aui;  1:V"  IHSt).      I'reseut  tlie  Go:  6c 

Couneill.      All  si.x  of  y''  ('ouiieill. 

JMr.  Sam:  ]\[oore  a  Prison'  A-  in  the  j't'oi't.  His  ineane 
Condicion  many  children  A'c  taken  into  cousideracion. 
Hee  is  oi-dered  to  bee  released  cV  <i;oe  homt'  about  his  Ituis- 
nesse.  His  absentiui^  himselfe  i.V:  his  ifreatest  Fault,  lice 
engaginij^  to  behave  himselfe  as  liee  ought  c'c  acknowledg- 
ing his  Error*'  ik  mistake. 

Dr  \\'"'  Taylor  committed  for  abusi\e  laniruai''e  ay:.st  (to: 
t^-  (io\('rm'  :  brouglit  out  of  j)rison  b}-  y'"  Sheriffe.  It  was 
in  N.  -lersey,  when  ye  Go:  was  there.  Sj)oke  before  sev- 
erall  members  of  y^"  Assembly. 

To  bee  dismist,  hee  endea\-oiiring  to  gi\e  security  b)r  his 
fiitiire  good  ln'ha\ioiii'. 

Jlee  craving  panloii  for  \v'"  |)a>t  t.V  engaging  a  i^'foi-ma- 
cion  iVc 


1680]  OPINION  OF  byllynge's  claim.  323 


Mi'iiioraiidu'in  a.s-  to  Mr.  Iji/Jh/ii(je\'^   Chihu. 

I  From  "  Xew  York  Colonial  DooiiiueutiS,  "  Vol.  III.,  \i.  -li<\.\ 

Alli>-U8t  j''  G"'   (SO) 

Mkmokaxd"  M''  r>illii)g  for  liiiiiselfe  and  otliers  hav- 
ing long  insisted  on  their  Right  derived  from  y*^  Dukes 
graunt  to  Lord  Berkley  and  S''  George  Carteret  (as  Pro- 
prietors of  West  jS'ew  Jersey  in  America)  to  be  exempt 
from  paving  any  Customes  or  other  dutyes,  or  being  any 
ways  und''  y''  inrisdicc'on  of  Ne\v  Yorke,  but  alleadffino- 
y**  said  West  j^ew  Jersey  to  be  wholly  independant  there- 
from ;  after  many  heareings  by  the  appointem*  of  his  It" 
High'^'*  wlio  >\-as  pleased  to  referr  y*"  whole  matter  to  y^ 
decision  of  Sir  William  Jones  &*:  At  the  last  8ir  William 
Jones  gave  his  opinion  und''  his  owne  hand  as  followeth  : — 

Sir  Williain  Junes'  opinion  abont  West  Jersey 

i>S  July  16S0. 
I  doe  hereby  humbly  certify  that  haxing  heard  m'  hath 
beene  insisted  upon  for  his  Hoy"  Jlighnesse  to  make  good 
y*'  legallity  of  y"  demand  of  Five  pVent  from  y  inhabitants 
of  Xew  Jersey  :  I  am  not  satisfy ed  (by  any  thing  that  I 
have  yet  heard)  that  y*-'  Duke  can  legally  demand  that  or 
any  other  duty  from  y"  inhabitants  of  those  lands.  And 
yt  w'^''  makes  y*^  case  the  stronger  against  his  R"  IP®  is,  that 
these  inhabitants  clayme  und''  a  graunt  from  his  Koy" 
Highncsse  to  y*'  Lord  Berkley  and  Sir  George  Carteret  in 
w'^*'  gi-aunt  there  is  noe  reservac'on  of  any  protfitt  or  soe 
much  as  of  Jui'isdicc'on  W.  Jones 

In  com])lyance  to  w*^''  opinion  His  Boy"  Ilighnesse  y* 
day  6  aug*'  (SO)  at  Windsor  did  co'mand  Sir  John  Werden 
to  l)ring  iiim  a  Deed  of  Confirmac'on  (or  Release)  tendered 
by  M''  ]^illing,  tlie  more  lirmely  to  convey  the  said  West 
jN^ew  Jersey  to  him   and    y^  rest  of  the  Fropreitors,   and 


324:  Ni:\V    .lEKSEY    COI.DMAI,    I  n  K  I  MfJNTS.  [1680 

pluiiicly  to  cxtinn-uifeh  y''  Dciiuiiul  ut' :in y  C'listoiUL'.sor  other 
(liityes  from  y'"  (save  y**  rent  reserved  as  at  y^  first)  And 
liis  J{"  IP'*  tliongh  his  CouJicell  at  Law  (Sir  John  Churcliill 
and  Sir  George  Jeffreys  Ijeing  botli  absent)  had  neither 
(hawne  nor  signed  it,  was  pleased  to  execute  y"  same 
accordingly  ;  by  reason  y^  M'"  I')illing  urged  y*^  necessity  of 
it  now,  t(»  liavc  y*^  benetitt  of  the  ships  present  voyadge, 
some  being  noM'  ready  to  sayle  into  these  parts  of  AVest 
New  Jersev  above  nienc'oned 


(ii'iiiit  front  tlic  Dul'e  of  Yoi'lv  to  WllUani  Penn,  GuiCcn 
Laione^  Nicholas  Lucas,  John  Eldruhje  and  Kdmond 
^yarne^  for  West  New  Jersey,  In  Trust  for  Edward 
Bijlhjiujt',  to  WJionithe  Govern tiient  is  Conveyed.^ 

(From  Oiigiiiul  iu  tlio  New  Jersey  nistorical  Society  Libiaiy.] 

Z\\\$  ^lurtCUtUlt  made  the  Sixth  day  of  August  Anno 
Dn'  1680,  And  in  tlie  Two  and  Twentyeth  yeare  of  the 
Keign  of  King  C'hakles  the  Second  over  England  vtc 
I'ktweene  his  Royall  Highness  James  Duke  of  Yorke 
and  Albany  Earle  of  Ulster  ifec  And  Brother  to  our  Sove- 
raign  Lord  the  King  of  the  one  ])art  Edward  Byllinge  of 
Westminster  in  the  County  of  IMidd'x  (ientl:  AVilliam 
Penn  late  of  Rickmansworth  in  tlie  (.ounty  of  Hertford 
and  now  of  Warminghurst  in  the  County  of  Sussex  Esq^ 
(iaweii  Lawry  of  London  Merchant  Nicholas  Lucas  of 
Hertford  in  the  said  County  of  Hertford  Maulster  John 
Eldridy;e  of  S*  Pauls  Shadwell  in  the  Countv  of  Midd'x 
Tanner  and    Edmond   Warner  Citizen   of  London   of  tiic 

1  Sovcriil  of  the  oii;;iiial  {iraiits  and  conveyauci'S  conncited  with  the  transfer  of 
West  JcFHey  are  not  known  to  exist.  As  tliey  were  Hnporsetled  liy  hitor  docuineuts, 
it  in  piesnnied  their  preservation  was  deemed  unneeessary.  Two  of  these  are: 
Ist.  Deed  from  Lord  .John  Berkeley,  for  Ids  interest  in  New  Jersey,  to  Jolin  Fen- 
wieke.  in  trust  for  Edward  Hyllynfje  and  his  assigns,  Mareh  lf<tli,  lti7;»-4  ;  2d.  Deed 
from  Edward  Byllyn;ie  to  William  I'enn,  Gawen  Lawrie  and  Nieliolas  Lncaa,  iu  trust 
for  tlie  ItenelU  of  his  cn-ditors-  I,awrie  and  Lncas  beinjr  two  of  them— February  14th, 
Ui7-«-5.  The  (luiutipartite  deed  of  July  Ist,  Itut.,  and  the  j;rant  here  inserted  rendered 
lUeso  aud  others  nugatory.    Eii. 


1G80]  GRANT    TO    WM.    PENN    AND    ASSOCIATES,  325 

other  part  Whereas  our  Soveraign  Lord  the  Kings  Ma"'' 
in  and  by  his  Letters  Patent  under  the  Great  Seale  of 
Enojland  bearino;  date  the  Twelftli  dav  of  March  in  the 
Sixteenth  yeare  of  his  said  ma*''''^  Reign  ^irt  (amongst  sev- 
erall  otlier  tilings  tlierein  nienc'oned)  give  and  grant  unto 
liis  said  Royall  Plighness  the  said  James  Duke  of  Yorlce 
his  heires  and  assignes  %\\  that  Tract  of  Land  Adjacent  to 
New  England  in  the  parts  of  America  and  lying  and 
being  to  the  westward  of  Long  Island  and  Manhattas 
Island  and  bounded  on  the  East  part  by  the  Maine  Sea  and 
part  by  Hudson's  River  and  hath  uj)on  the  west  Dellaware 
Bay  or  River  and  extendeth  Southward  to  the  Maine 
Ocean  as  farr  as  Cape  May  at  the  Mouth  of  Dellawai-e 
Bay  and  to  the  Northward  as  farr  as  the  Northermost 
branch  of  the  said  Bay  or  River  of  Dellaware  which  is  in 
one  and  fforty  Degrees  and  fforty  Minutes  of  Lattitude  and 
Crossing  over  thence  in  A.  Streight  Lyne  to  Hudsons 
River  in  one  and  fforty  Degrees  of  Lattitude  Which  said 
Tract  of  Land  was  thereafter  to  be  called  by  the  name 
of  New  Cesarea  or  New  Jersey  with  all  the  Lands 
Islands  Soyles  Rivers  Harbours  Mynes  Mineralls  Quarries 
Woods  Marshes  Waters  Lakes  ffishings  Hawkings  Hunt- 
ings and  ifowlings  And  all  Royaltyes  profitts  Comodities 
and  Heriditaments  to  the  said  p'misses  belonging  and 
appertayning  with  their  and  every  of  their  appurten'nces 
And  all  his  said  Ma"^*  Estate  Right  Title  Interest  benefitt 
Advantao;e  Claime  and  demand  of  in  and  to  the  same 
prmisses  or  any  part  or  parcell  thereof,  And  the  Reversion 
and  Reversions  Remainder  and  Remainders  Together  with 
the  yearely  and  other  Rents  Revenues  and  profitts  of  the 
same  and  of  every  part  and  parcell  thereof  <bO  hold  unto 
his  said  Royall  Highness  the  said  James  Duke  of  Yorke 
his  heires  and  assignes  forever  to  be  holden  of  his  said 
Ma"''  his  heires  and  Successors  amongst  other  the  things 
therein  granted  as  of  his  Ma"''*'  Mannor  of  East  Greenwich 
in  his  Ma"*"^  Ccnmty  of  Kent  in  ffVee  and  Convon  Soccage 
and  not  in  Capite  by  Knights  Service  under  the  yearely 


320  XEW    .IKHSEY    COI.ONIAI.    tioCCMKNTti.  [IfiSO 

Kent  tlicrcin  iiU'iic'oiuMi  ^ud  Wheivas  his  Knyall  High- 
ness the  siiid  elamt's  Duke  «»t'  ^'oikc  Did  hereto  to  it'  l)y 
severall  good  and  sufticicnt  Conveyances  and  Assurances 
under  his  hand  and  scah-  duely  executed  and  (hitcd  the 
'I'liree  and  Twentyeth  and  fower  and  Twentyctli  (hiies  of 
dune  In  the  Sixtt'cnth  year  ot'liis  said  ^[a"'"  Reign  (i'or  tlie 
(•onsi<U'ration  tlicrcin  niciic'onod)  (ii'aiit  and  Convey  the 
said  Ti'act  of  l>and  and  p'^niisses  before  nienc'oned  unto 
dohn  T.ord  15cikU'y  Uamn  of  Stratton  and  one  of  his  Ma"!"' 
most  1  loiio''!'"  Privy  Connccll  and  S'  (ieorge  Carterett  <.d" 
ISaltrani  in  tlic  County  ctf  Devon  KnI  and  Haroiictt  and  one 
of  his  Ma"r  nn»st  Jlono''.'"'  Pi-ivy  Connceil  and  riicir  hcires 
the  said  Tract  (»f  J.and  an<l  p'inisses  before  perticnhirly 
nienc'onc(l  .\n<l  the  Kcvers'on  and  Ke\'ers'ons  Ueniaindei' 
and  Ileniain(h'rs  of  tlie  same  tEo  hold  unto  the  said  John 
Lord  Berkh'V  and  S'.'  Ceorgc  Carterett  theii-  lieires  and 
Assigiu's  l'orc\'cr  \  n(K'r  the  yi'arely  Kent  of  Twenty  Nol»h's 
Sterh'ng  ])ayab]e  as  the  same  is  therein  rcser\cd  to  l)e  paid 
J^urt  ^Vhereas  tlie  said  .lohn  Loi'd  l)erkeley  Did  afterwariLs 
Convey  All  his  full  and  \iidi\i(lcd  JMoiety  (d'all  and  singn- 
lai"  the  same  [I'mi^ses  unto  .lolm  ft'enwick  Ksqf  ids  lieires 
and  assignes  for  ever  1  .\  ']'i;i>r  And  bv  the  said  dohn 
iVcnwick  o\vne(l  to  he  in  tru^t  for  the  said  Edward  15yl- 
lynge  Ins  heii'es  and  assignes  for  ever  %\u\  the  sai<I  John 
ffenwi<d<  afterwards  by  tlie  Consent  and  direction  of  the 
said  Edward  Bvllinge  And  als(i  the  said  Edward  Bvllinge 
Did  Convey  the  said  N'ndivided  Afoiety  of  the  p'ndsses 
unto  tlie  said  William  Pcnn  (^awen  l^awry  and  Nicholas 
Eiicas  and  their  hcires  to  the  uses  following  (that  is  to  say) 
As  to  Tcnn  e(|iiall  and  \iidi\ided  Hundred  parts  thereof  to 
the  use  of  the  said  .John  ft'cnwick  and  of  his  hcires  and 
assignes  forevt-r  Ano  as  to  tlie  other  Nyncty  eijiiall  and 
\ndi\ided  parts  Itcing  the  residue  id'  the  said  Vndivided 
Moiety  To  the  use  of  tht;  said  William  Peiin  (lawen  J^awry 
and  Nicholas  Lucas  their  lieires  and  assignes  for  ever 
Ln  Tkisc  for  the  said  Etlward  llyllynge  his  hcires  and 
assiu'iii'S    fori'\t'r.      Ai'iij;    which    the    ^aid    ddjm    tleiiwick 


iriSO'l  ORANT  TO  \VA[.   TENN  aN^d  associatp:^;.  ?)27 

Conveyed  All  liis  said  Ten  ecjuall  and  Undivided  Hun- 
dred parts  of  the  said  Yndivided  Moiety  nnto  JohnEdridge 
and  Edmond  Warner  tluMr  lieires  and  assignes  for  ever 
Ani>  tlie  said  John  Edi'idge  and  Edmond  Warner  Did 
Convey  the  Same  Tenn  eqnall  and  Yndivided  Hundred 
parts  unto  the  said  William  I^enn  CTawen  Lawry  and 
NichoUis  Lucas  their  heire.s  and  assignes  forever  Tlie  better 
to  enabk^  them  the  said  Edward  Bvllynge  AVilliam  Penn 
(lawen  Lawry  and  !Niehohis  Lucas  to  make  a  Partition  of 
the  said  Litire  p'misses  with  the  said  Si"  George  C^arterett 
<3liu1  WUcvca.5:  afterwards  upon  A  Partition  made  of  the  said 
whole  and  Intire  ]/misses  between  tlie  said  Sr  George 
Carterett  And  the  said  William  Penn  (4awen  Lawry 
i^icholas  Lucas  and  Edward  Bvllynge  Tue  Said  Sr 
George  Carterett  Did  bargain  sell  Release  and  conlirme 
unto  tlie  said  William  Penn  Gawen  Lawry  and  Nicholas 
Lucas  their  heires  and  assignes  forever  ^U  that  West- 
ERNLV  part  share  and  porc'on  of  tlie  said  whole  and 
Intire  Tract  of  Land  and  p'misses  before  menc'oned  which 
is  extending  Southward  and  westward  and  ]S'orthward 
along  the  Sea  CV)ast  and  the  l)efore  menc'oned  Bay  or 
River  called  Dellawark  Bay  and  Dellaware  River 
unto  a  certain  Point  there  now  called  the  South  Partition 
Point  being  the  most  Soutliwardly  Point  of  the  East  side 
of  a  certain  place  (»r  Harbour  lying  on  tlie  Southern  part 
of  the  said  Tract  of  Land  and  p'misses  called  or  known  in 
the  Mapp  of  the  said  p''misses  by  the  name  of  Little 
Egg  Harbour  and  a  certain  other  Point  there  now  called 
the  North  Partic'on  Point  being  the  most  Nortlierly 
Point  Branch  or  part  of  the  said  River  called  Della- 
ware River  And  from  thence  (that  is  to  say)  from  the 
said  North  Partic'on  ])oint  extending  Southward  mito 
the  said  South  partic'on  point  by  a  Streight  and  direct 
Lyne  drawn  through  the  said  Ti-act  of  J^and  from  the  said 
Norlli  partic'on  point  nnto  the  said  South  partic'on  point 
by  the  Consent  and  agreement  of  the  said  partyes  now 
called  the  Lyne  of  partic'on  and  by  them  intended  for  the 


32S  NEW  JERSKY  COLONIAL  DOCUMENTS.       [1680 

dividing  and  making  a  partic'on  of  tlie  said  "NVesternly  Part 
sliare  and  porc'on  from  the  Easternly  part  share  and  por- 
c'on  of  the  said  Tract  of  Land  and  p''misses  And  all  and 
every  the  Isles  Islands  Kivers  Mines  Mineralls  woods 
ffishings  Ilawkings  Huntings  ftbwlings  and  all  other  Roy- 
alties Powers  tfranchisc'S  Harbours  profits  Comodities  and 
11  ereditanieiits  whatsoever  unto  the  said  Westernly  part 
share  and  porc'on  belonging  or  a])pert(_'vning  And  all  the 
Estate  light  title  and  Interest  Clainie  and  demand  whatso- 
ever of  him  the  said  S'.'  George  Carterett  of  in  unto  and 
out  of  the  same  And  the  Peverc'on  and  lleverc'ons 
Remainder  and  Remainders  of  the  Same  and  of  every  part 
and  parcell  thereof  ^U  which  said  Westernly  part  shai-e 
and  pore'on  was  then  and  now  is  by  the  consent  and  agree- 
ment of  the  said  parties  the  said  Sr  George  Carterett 
William  Penn  Ciawen  Lawry  Nicholas  Lucas  and  Edward 
Byllynge  called  and  agreed  from  thenceforth  to  be  called 
by  the  name  of  West  New  Jersey  and  all  that  and  only 
all  that  part  share  and  porc'on  and  all  those  parts  shares 
and  ])oi'c'on  of  the  said  Tract  of  Land  and  ])'"misses  Soe 
Conveyed  l)v  the  said  James  Duke  oi  Yorke  unto  the  said 
John  Loi'd  I*)erkeley  aiul  Sr  George  Carterett  as  aforesaid  as 
lyeth  and  lye  extended  westward  and  Southward  fi-om  tlie 
west  side  of  the  said  Lyne  of  ])artie'on  before  mene'(^)ned 
(To  hold  unto  the  said  William  Penn  Gawen  Lawry  and 
Nicholas  Lucas  tlieii-  lieires  and  assignes  in  severalty  to  the 
use  of  them  their  heires  and  assignes  forever  Upon  which 
])artic'on  soe  jnade  They  the  said  AV'^illiam  Penn  (Tawen 
Lawry  and  Nicholas  Lucas  became  seized  of  All  that 
Westernly  part  of  the  said  p'misscs  now  (-ailed  AVest 
New  Jrrsey  with  the  appurtenances  in  severalty  And 
being  Soe  siezed  juirsuant  to  a  Trust  for  that  purpose 
re])osed  in  them  They  Conveyed  Tenn  full  ecpial  Yndi- 
vided  Hundred  parts  of  the  said  westernly  j)art  of  the  said 
))'misses  called  AV^kst  New  Jersey  unto  the  said  Jolni 
Kdridge  and  Ldniond  Warner  and  tlu'ii-  heires  Si'O  hold 
unto  them  and  tiieii-  heires   To   tlie   use   of  them  and  their 


1680]  GRANT   TO    WM.    PENN    AND    ASSOCIATES.  329 

heires  for  ever  And  the  said  William  Penii  Gawen  Lawry 
and  Nicholas  Lucas  remaining  still  siezed  of  the  other 
Ninety  equall  and  Vn divided  Hundred  parts  of  the  said 
Westeenly  part  of  the  said  p'misses  called  West  New 
Jersey  to  them  and  to  their  heires  for  ever  But  Alwayes 
In  Trust  for  the  said  Edward  Byllynge  his  heires  and 
assignes  for  ever  ^ml  ^VUcVfHiSi  since  the  making  and 
Executing  of  the  said  Conveyance  soe  made  by  His 
said  Royall  Highness  unto  the  said  John  Lord  Berkeley 
and  Sr  George  Carterett  as  aforesaid  And  in  the  Times  of 
the  late  wars  between  his  said  Ma""  and  the  States  of  the 
Ynited  Provinces  of  the  Netherlands  The  Armies  and 
Subjects  of  the  said  States  Gained  the  possession  not  only 
of  the  said  p^'misses  Soe  by  his  said  Royall  Highness  Con- 
veyed unto  the  said  John  Lord  Berkeley  and  Sv  George 
Carterett  as  aforesaid  But  Also  of  other  the  Lands  and 
hereditaments  which  were  originally  granted  unto  his  said 
Ro^'all  Highness  by  his  Ma"f*  said  Letters  Patent  herein 
before  recited  All  which  were  afterwards  required  from  the 
said  States  or  by  them  delivered  up  unto  his  said  Ma*!'' 
%\n\  W\\txei\^  his  said  Ma".'^'  Did  by  other  his  Letters  Patent 
Dated  the  Twenty  Nyneth  day  of  June  In  the  Six  and 
Twentyeth  yeare  of  his  said  Ma"f*  Reign  Grant  and  Con- 
vey unto  his  said  Royall  Iliglmess  and  his  heires  for  ever 
As  Well  the  said  Tract  of  Land  and  p'"misses  hereinbe- 
fore recited  to  have  been  Granted  and  Convej-ed  by  his 
said  Royall  Highness  unto  the  said  John  Lord  Berkeley 
and  S'."  George  ■  Carterett  as  aforesaid  As  all  other  the 
Lands  and  Ilereditam*."  In  and  by  the  said  herein  first 
before  recited  Letters  Patent  granted  or  menc'oned  to  be 
granted  ^ntl  H^'tecreasi  by  the  said  severall  Grants  soe  made 
by  his  said  Ma*!*^  unto  his  said  Royall  Highness  as  aforesaid 
Severall  Powers  and  Authorities  are  and  were  given  and 
Granted  unto  his  said  Royall  Highness  his  heires  and 
assignes  To  Be  Executed  by  his  said  Royall  Highness  his 
heires  &  assignes  or  by  the  Deputies  Agents  or  Comm'.*  of 
his  said  Royall   Highness  his  heires  or  assignes  which  are 


330  XKw  .)f:i;skv  coi.oxiai.  doci'Mknis.  [lOsu 

iieci'ssary  .\s\vl'1I  for  the  J'laiitiiiii'  rc()]iliMiin"  juhI  Iiuprove- 
iiii;  of  all  and  ovi*rv  the  rcspcctivt'  Lainls  j»laces  and  Tcrri- 
tnrifs  rlicifltv  iii'aiit('(l  As\>  tor  tlu'  Transporting-  rliitlier 
l"i<»ni  time  to  time  such  (d'  his  Ma"!""  Subjects  as  sliouhl  he 
willint;-  to  ii'oe  or  to  he  Transported  into  th«»se  parts  or  any 
of  tliiiii  As  for  tlie  I)efen(Hng  Gnardino-  lvee})ing  of  the 
ISame  As  also  for  tlie  well  (Governing  of  the  same  and  of 
all  such  as  are  and  Shalhc  Inhahitino;  in  the  same  Axn  for 
tlie  makeiui;-  ordaining  and  P^xecnteing"  of  necessary  and 
conxcnient  Lawes  and  Constituc'ons  in  oi'der  to  such  Go\- 
ernment  and  the  punishing  and  j)ardoiiing  offences  and 
otlenders  as  occasion  shall  re(|nir('  And  to  Nominate  Make 
Ordaine  Constitute  and  ('oiitirnic  Axd  also  to  Revoak 
Dischai'ge  Change  and  .Vlter  all  and  singular  (io\  i-i-nours 
otficors  and  Ministers  which  l)y  his  said  lioyall  Highness 
his  heires  or  assignes  shalbe  tVom  time  to  time  thought  titt 
or  needfull  to  be  made  ordained  ai)poiuted  or  used  in  tlu' 
said  parts  or  places  or  any  of  them  And  to  doe  all  other 
things  needful]  uscfidl  aud  necessary  for  the  well  (Jovern- 
ing  Kee])ing  Defending  and  2)reserving  the  said  respective 
IMaces  and  Territories  and  of  every  of  them  and  all  such 
as  are  and  shalbe  Iidiabiting  there  ^loiv  thc.O'C  pvceicut.si  U'it- 
\\($$  That  foi-  and  in  Consideration  of  aComj)etent  sume  of 
Lawful!  Kngli>li  moneys  unt(^  his  said  Royall  Highness  in 
hand  paiti  and  for  the  better  Kxtingnishing  All  such 
Claimes  and  demands  as  his  said  iioyall  Highness  may 
any  waves  ha\e  of  or  in  the  jt''misses  aforesaid  now  caMed 
Wkst  Xkw  J  kkskv  tu'  any  part  of  them  And  tbi-  the 
further  and  better  Setling  Conveying  Assuring  and  Con- 
firming of  the  same  and  of  e\ery  ])art  theivof  Accoi'ding  to 
the  l*ur|)ort  and  true  nu'aning  of  these  p'nts  His  said 
Koyall  Highni'ss  Tlie  said  .lames  Huke  of  Vorke  ?\ath 
Granted  bargained  sold  and  ('ontirmed  And  by  these  p'nts 
Doth  (irant  Uargain  Sell  and  (,'oidirme  unto  the  said 
William  I'enn  (iawen  J^awry  Nicliola>  huca>  .John  Kdridge 
and  Kdmond  Warner  !^ll  That  part  share  and  jjorc'on  and 
all  those  parts  shares  and  pore'ons  of  All  that  lutire  Tract 


1680]  (jRANT  TO  WM.  ^EX^'^  and  associates.  331 

of  Land  Ani>  all  those  lutire  p'luisses  Soe  (Ti-auted  bj  his 
said  Royall  Highness  unto  the  said  John  Lord  Berkely 
and  S'"  Georg-e  Carterett  and  their  heires  as  aforesaid  As  in 
b}'  and  upon  the  said  Partie'on  aforesaid  was  and  were 
vested  in  the  said  William  Penn  Gawen  Lawry  and  I^Ticho- 
las  Lucas  and  their  heires  and  then  agreed  to  be  called 
b}^  the  name  of  West  New  Jersey  Together  with  all 
Islands  Bayes  Rivers  Waters  Forts  Mines  Quarries  Royal- 
ties ffranchises  and  appurteiTnces  whatsoever  to  the  same 
l)elonging  or  in  any  waves  appertaining  And  All  the 
Estate  Right  Title  Interest  Reverc'on  Remainder  Claime 
and  Demand  whatsoever  As  Well  in  Law  as  in  Ecpiity 
of  him  the  said  elames  Duke  of  Yorke  of  in  unto  or  out  of 
tlie  same  or  any  part  or  parcell  of  the  same  As  Also  the 
free  Yse  of  all  Bayes  Rivers  and  Waters  Leading  unto  or 
lying  between  the  said  p'misses  or  any  of  them  In  the  said 
parts  of  America  for  Navigation  ffree  Trade  thshing  or 
otherwise  ©o  havf  and  to  Itohl  unto  the  said  William  Peim 
Gawen  Lawry  Nicholas  Lucas  John  Edridge  and  Edmond 
Warner  their  heires  and  assignes  for  ever  Wo  the  Yses  fol- 
lowing (that  is  to  say)  As  to  Tenn  Equall  and  A^ndivided 
Hundred  parts  thereof  To  the  Yse  of  the  said  John 
Edridge  and  Edmond  Warner  and  of  their  heires  and 
assignes  for  ever  And  as  to  the  other  Ninety  Ecpiall  and 
Yndivided  Hundred  parts  thereof  To  the  Yse  of  tliesaid 
William  Penn  (irawen  Lawry  and  Nichohis  Lucas  and  of 
their  heires  and  assignes  for  ever  ^tt  ®ru,$'t  Netektiielesse 
for  the  said  Edward  Byllynge  and  for  his  heires  and 
assignes  for  ever  |j|icUU»(l  and  paying  thtn-efoi-e  yearely  for 
the  said  whole  Intire  p'misses  nnto  his  said  Royall  High- 
ness his  heires  and  assignes  the  yearely  Rent  of  Tenn 
Nobles  of  Lawfull  English  monc^y  At  or  in  the  Middle 
Temple  Hall  London  At  or  upon  the  ffeast  day  of  S' 
Michael  th'  Arch  Angell  %m\  thc.$f  uuto  fuvthcv  wntnf,$6f 
That  for  the  better  Enabling  the  said  Edward  Byllynge 
his  heires  and  assignes  to  Improve  and  Plant  the  said 
p^'misses  with  People  and  to  Exercise  all  necessary  Govern- 


332  NEW    .lERRFA'    COT.ON'TAL    POrrMEXTS.  16S0] 

ment  tliere  wliereln-  the  said  })''niisses  may  Ite  tlie  better 
Improved  and  made  more  A'sefull  to  liim  his  lieires  and 
assignes  and  to  the  Kings  Ma""  His  said  Royall  Ifigliness 
Itath  Likewise  (4iven  (i ranted  Assigned  and  Transferred 
and  doth  bv  these  p'nts  Give  (Trant  Assigne  and  Transterr 
to  the  said  Edward  Byllynge  ^U  and  every  sucli  the  same 
Powers  Authorities  Jurisdictions  Governments  and  otlier 
matters  and  tilings  whatsoever  which  by  the  said  respective 
recited  Lettrs  Patent  or  eitlier  of  them  are  or  were  Granted 
or  intended  to  be  Granted  to  be  Exercised  by  his  said 
Royall  Jlighncss  his  heires  Assignes  Deputies  Ofhcers  or 
Agents  in  u})0n  or  in  relac'on  unto  the  said  p''misses  hereby 
Confirmed  or  intended  to  be  Confirmed  and  every  of  them 
In  Case  the  same  were  now  in  the  Actfal  Seisin  of 
his  said  Royall  irighness  ^o  \it  held  Enjoyed  Exercised 
and  Executed  by  him  the  said  Edward  Byllynge  his  heires 
and  assignes  And  by  his  Deputyes  Officers  Agents  and 
C<»mm'".*'  As  fully  and  amj)ly  to  all  intents  construcc'ons 
and  purposes  as  his  said  Royall  Highness  or  his  lieires 
might  could  or  ought  to  Hold  Enjoy  A'se  Exercise  or  Exe- 
cute the  same  by  force  and  vertue  of  the  said  severall  and 
respective  before  recited  Letters  Patent  or  either  of  them 
or  of  any  thing  in  tliera  or  either  or  any  of  them  conteyned 
or  otherwise  howsoever  ^n  "^Vitttfi&'iSlC  whereof  the  partyes 
to  these  pre'ts  have  hereunto  Inteuciianoeahlv  sett  their 
hands  and  Si-ales  The  day  and  yeare  first  above  wi'itten. 

James 

[On  tbol.aik.] 

Signed   Scaled   and    Delivered   by   his   Tioyall    Highness 
James  J)nl<c'  of  Yorke  within  named  In  the  p'"sence  of 

Jo  We:rden 
Tnos  Hey  wool) 


Thomas  Heywood  maketh  oath  that  he  the  day  &  yeare 
within  written  saw  liis  Highness  the  Dnke  of  Yorke  signe 


1680]  MIDDLETOWN    MATTERS.  333 

Scale  &  as  his  Act  and  Deed  deliver  this  Indenture  to  the 
Yse  within  niene'oued  and  afterwards  subscribed  his  name 
as  a  witness 

Jur  3^'  die  Sept  1680  Tno:  Heywood 

cor'a  nie  Mg'ro  Cann 

J.  Clekke 


Touni  Clerk  of  Middletov^ii  to  Governor  Andros. 

[From  N.  T.  Col.  MSS.,  iu  Secretary  of  State's  office,  Albany,  Vol.  XXIX.,  p.  1S9. 

Hon'° 

Sir:  the  Cuntsable  haveing  convened  a  towne  Meeting 
acording  to  your  order  and  your  Order  Read  of  concern- 
ing the  Choosing  of  three  men  for  the  trying  of  small 
causes,  but  noe  vote  was  passed. 

James  Bowne 

Town  Gierke 
Midle  Towne  19">  of  Auirust  1680 


From  John  Bowne  to  Governor  Andros. 

[From  K.  Y.  Col.  MSS.,  in  Secretary  of  State's  office,  Albany,  Vol.  XXIX.,  p.  lilO.] 

s« 

By  these  you  may  understand  that  I  have  received  tlie 
order  for  houlding  of  a  Court  of  Sessions  at  Shrewsbury 
and  other  orders  therein  contained  I  have  indeavored  to 
efect  but  ....  obstructing  in  a  large  measure  for  I 
am  very  111  myself,  soe  as  not  being  capeable  to  goe  abroad 
&  Mr  Peter  Parker  is  very  weake,  more  like  to  die  than 
to  live,  whom  I  have  maid  ...  I  beg  your  excuses. 
Not  els  at  present  but  y*"  I  am  S*"  Your  loving  friend  and 
servant 

John  Bowne 

Midelltown  20**'  of  Agust  1680. 


334  NEW  .ip:rsey  colonial  documents.  [1680 


Case  of  Willidni    M"h'r^   .\<i<(iii'<l    Williinn   r<ii<J<ni. 

[Vrom   N.  Y.  Col.    MSS..  in  SfcreMiry  of  Stale's  ottice,  AU>aii.v,  Vol.  X.XI.X.,  pp.  -iW, 
■2\i.  OIK.  i!J7,  •->-.'8.J 

At  a  Court  of  Sessions  held  at  Eliz: 

I'owtie     .     .     .     for  yc  sd  Towne   and 

yv    Towne   of   N'warke   ye    s"'    Aiiij"^ 

|Se|)teni])er^]  1680 

Win  Meeker  In  ye  case  betweene  ye  })'"  ^V:   Deft 

|t"'  ye  ]>ltf  (leclai'ini;-  in  an  action  for  tres- 

W"  I'ardon  passe  and     .     .     that  ye  Deft  for  seve- 

Deft  I'al    years    past    kecj>t    him    out    of    his 

liouse  i\:  aeconmiodatioiis  in  ye  s**  KHz: 

Towne   \'   sie/eii   upon   ^V:   cuiivertetl  to  liis  owne  use  liis 

stock    therein;    an     Inventory    whereof   was    produced    in 

Court  ye  whole  to  his  (hinuige  3tMi  i'.  after  a  full   heai-ing 

on    l)oth    parties   <k^    divers    evidences    i»roiluctHl    ye   same 

iK'ing  referred  to  ye  Jury,  they  hroiiuht  in   their  verdict 

tor  the  pltf,  that  he  should  be  rei)ossest  of  liis  Estate  with 

costs  leaving  ye  damage  to  yc  consideration  of  ye  Co""' 

The  Count  d<^>e  appeal  |ap])rove  '.\  of  ye  verdict  of  ye  dury 

iV'  give  .Judgment  accordingly  and  further  that  ye  Deft  ])ay 

damage  to  ye  pltf  \&  sunie  of  Twcutie  ])i)unds  by  order  of 

ve  Court  of  Sessions. 


IsM.'U-  AVliltclicad  to  ("a|)t;iiii   Xicolls. 

CaI''^'   ?SlCoLI.S    AM)    Mltn    ivESTKcrKD 

SiK  After  my  Service  ])i'esented  these  are  to  let  you 
understand  M'"  Ogden  desired  me  to  write  a  I'l'w  liens  to 
you  to  signitie  to  you  that  Caj)'":  ( 'arterett  sent  his  Clarke 

1  Wii.i.ivM  Mkkkku,  the  plaiatiH'iu  this  case,  lnlil  il tlici-  oi  (  oii-italilf.  anil  was 

an  acliM'  adherent  of  Captain  James  Carteret.  U  iviiii;  ln'cn  one  ol'  the  ))rincipal 
iirlorn  in  a  case  which  was  tliou;jIil  to  iiuiMiLTM  the  aniliority  of  the  rciinlar  <;o\ cm- 
nient.  he  was  snb.jorted  to  a  fine,  and  for  the  part  he  took  against  AVilliani  Pardon, 
his  property  was  ciutiscated  and  awarded  to  l*ardoii,  and  hence  this  suit. — "East 
Jersey  Under  the  I'roi)rietaries  ; ''  llatlield's  "  Klixubetli.''    En. 


1680]  WILLIAM    MEEKER    /'s.    WILLIAM    FARDOX.  335 

to  You  ....  to  take  a  Copie  of  y®  Declaration 
against  M'  Pardon  and  y''  names  of  y*'  dury  and  of  y*"  fore- 
man of  y*^  Jury  Alsoe  Goodman  Meeker  n2)on  y*'  14"'  of 
this  Instant  meeting  M""  Pardon  against  y*^  Sniitlis  shop  of 
Cap''"-  Carteretts  wherin  was  Robert  Stevens  and  Joseph 
Whitehead  who  lieard  (loodman  Meeker  Demand  of  M'" 
Pardon  a  Repossession  of  his  Estate  according  to  ye  Judg- 
ment of  y*"  Court  M'"  I*ardon  wouhl  not  make  answer  to 
him  presently  upon  which  (ioodman  Meeker  said  to  M"" 
Pardon  I  must  have  an  answer  from  you  one  way  or  other 
M*"  Pardon  then  re]>lyed  to  goodman  Meeker  1  Dont  know 
whether  I  shall  or  noe  goe  about  your  bussiness  :  not  more 
at  present  your  most  Humble  Servant 

Isaac  "Whitehead 
Elizabeth  Towne  September  l-t"'  16S(») 

if  it  please  you  y*^  Constable  Came  to  me  after  I  had 
write  this  letter  before  I  had  sealled  it  and  Said  he  had 
been  with  M""  Pardon  to  demand  y*^  Court  Charges  and  he 
answered  him  that  he  wotdd  not  have  time  to  give  him  the 
heareing  y''  Constable  sayth  lie  hath  been  M'ith  him  three 
times  ])nt  can  have  no  satistieino-  answer. 


Petition  of  WilliaiJi  Pardon  to  Governo]'  Audros, 

To  His  Exellency  S"'  Edmund  Andross  Knight  Sen'"  of 
S*  Maria  Gent  and  Go^'"  Gen"""  And  vice  Admirall 
Under  his  Hoy  all  Iliiihness  James  Duke  of  York — 
And  of  all  His  Territo''^'*  in  Amerika  and  His  Councill 
at  ffort  James. 
The  Humble  Petitions  &  Adress  of  AVilliam  Pardon  of 
Elizabeth  towne  in  New  Jersey  Humbly  ShoM^eth. 

Tliat  there  haveing  been  An  Action  of  Trespass  &  .  . 
Comenced  by  W™  Meaker  pi?  against  yo""  Petition''  AV" 
Pardon  Deft  in  the  Countey  Court  held  at  Elizabeth  town 
the  Eight  Day  of  this  instant ;  Avhich  Action  being  called 
yo''  petition''  Craved  of  the  Said  Court  that  he  might  have 
respitt  untill  the  next  Court  to  bring  in  his  plea,  for  that  hee 


836  NEW    .lEKSKY    COLoMAI,    IXXIMKNTS.  [1680 

was  IK  it  prc|);ired,  liis  AVittiiesscs  cV;  other  matters  Ksceii- 
tiall  t(»  the  Case  could  not  be  brouii^ht  in  at  soe  short  warn- 
in<i;.  in  order  to  a  full  and  faire  heering  (thoui^h  yo"*  peti- 
tion'' in  Respect  to  the  Court  did  appeare  w''-  hee  nii<::ht 
Lawfully  liave  forborne)  with  intent  to  have  been  better 
prepared  But  the  Court  haveing  not  full  information  over 
Kuled  the  matter  to  a  proceeding,  (though  he  had  reason 
to  Exept  against  most  of  the  Jury  and  severall  of  the 
Court)  it  was  brought  to  Judgem*^,  which  yo""  Petition"" 
humbly  Conceaveth  to  be  a  Surprize  and  contrary  to  Law. 

]\[ay  it  please  Yo""  Exelency  to  Give  Order  for  Sus])end- 
ing  Execution  of  the  said  Judgement  by  Granting  yo""  peti- 
tioner to  have  the  priviledge  of  a  Keveiu  and  that  in  .  . 
Convenient  tyme  the  Case  l)y  })ersons  unconcerned  may  be 
brought  to  a  full  lieering  otliei'wayes  yo""  Petition''  may 
have  his  Estate  drawn  from  him  iV:  s<|uaiulered  i^:  abused 
as  formerly  and  hee  bi-ought  by  another  process  to  prose- 
cute his  wrongs  uppon  such  as  may  not  be  able  to  make 
sattistaction  and  soe  prosecute  poverty  to  his  Kuein 

And  Yo''  Petition*"  as  in  Duty  bound  Shall  pray  See. 

SeptV  14'?  IGSO.  

Letter  of  William  Pardon  to  Captain  Nicoll.s. 

Cap'""  Nicolls 

Sir  after  Due  Respects  these  are  to  informe  you  that  I 
am  informed  W"  Meaker  is  very  busie  Yo'"ke  w"'  S"" 
Edmond  or  other  otHcer  for  p]xecution  of  the  Judgem'  at 
Court  against  mce  w"'  i)retence  that  I  am  makeing  away 
my  Estate  to  Defraude  w''  is  very  untrue,  1  beleive  the 
desii^ne  is  to  cast  me  off  from  the  libcrtv  w''  the  Law 
allowes  in  14  dayes  after  Judgement  w''  1  am  now  about 
and  which  in  two  dayes  or  there-about  have  ])rcparcd  my 
matter  to  Come  to  Xew  Yorke  about  it  humbly  Craveing 
that  Execution  nuiy  not  Come  forth  too  hasty  wh  1  begg 
you  to  imparte  to  S""  P^dniond  in  haste  Kcmaine 

Yo''  humble  Serv',  William  Pardon. 

Elizabetlitowne  in  New  Jersey  Sepf  15"'  1680. 


1680]         wiLLiA:\r  mekker  vs.  avilliam  pardon.  337 

Letter   from  Joliii   A\  arreii    to   ISir  Edmund 
o,R.  Audros. 

I  doe  iiuboldeii  myselfe  to  give  you  the  troble  of  a  line 
of  two  upon  the  rejutlgt  of  William  Meaker  to  give  you  an 
account  of  our  jjroceedings  here  that  we  may  bee  the  y*^ 
better  informed  by  your  directions  we  have  been  Mdth  M'" 
Pardon  and  made  demand  of  y®  Judgment  of  y**  Court 
which  was  that  he  should  make  a  delivery  &  reposses  y" 
3*^  William  Meaker  into  his  Estate  which  he  [William] 
Pardon  hath  and  doth  still  detaine  from  him,  but  his 
answare  was  that  lie  did  not  see  it  his  way  soe  to  doe,  nor 
would  not  doe  it  and  likewise  deniese  to  pay  Court  Charges 
their  for  me.  hope  that  j^ou  will  take  some  speedy  Course 
in  it  for  me  hand  .  .  .  Stayd  in  Expectation  to  here 
from  you  about  it  but  we  hope  to  here  from  you  by  this 
bearer,  Soe  haveing  nothing  else  att  present  but  my  humble 

service  to  you  I     .     .     .     . 

yours  to  command 

John  Warren 
Eliz:  Towne  Sept:  y«  2S'^  1680. 

I  have  inclosed  y^  proceedings  of  y*"  C\»iirt  iny*^  Action. 


Jie/etMe  of  Jaini's,  Diil^e  of  J\>/-1',  to  Slj-  Geoiujv  Carteret, 
{Grandson  and  Jleir  of  the  Or'njhi(d  Proprietor^  for 
Kast  Jersey. 

[From  Original  in  the  Lihiaiy  of  the  New. Jersey  Historical  Society.] 

®lti$  B'jUtkUture  made  the  tenth  day  of  September 
Anno  Dili  KJSO  ^  and  in  the  two  and  thirtyth  yeare  of  the 
raigne  of  our  Soveraigne  Lord  King  Charles  the  second 
over  England  Scotland  Ifrance  and  Ireland  King  Defender 
of  the  faith  &c  ilctlVfCMC  his  Tioyall  Highnes  James  Duke 
of  York  and  Albany  Earle  of  Ylster  &c  and  brother  to  our 


1    From  the  certificate  at  the  close,  it  appears  not  to  have  been   sijined   before 
October  16th.    Ed. 


3ns  MW    .IKKSKV    COLUMAI,    J>o(  TMINTS.  [16^0 

Soveifiiifiio  Lord  the  Kiii^'  of  the  one  ])art  And  the  hoiio*''*" 
8^  (leor^e  Carteret  of  ihiwiies  in  the  County  of  Bedford 
]^>ai-'  (irandson  and  lu'irc  of  the  hon''|"'  S'  (4eorge  Carteret 
late  <tf  Saltrani  in  tlie  ('(innty  nf  Devon  knii»:ht  and  HarJ 
deceased  of  the  other  |>ait  HVhfveaiSi  our  Soveraii^-ne  Lord 
the  Kiiiiis  ^laV  in  and  hy  ]\\>  Letters  Patents  \  iider  the 
^reat  Seale  of  Kiiiiland  l)earing  date  tlie  twelftli  (hiy  of 
March  in  tlie  sixteenth  yeai'e  of  his  said  Ma'^P  ral»!;ne  J)id 
ainonii'St  several!  other  things  tlierein  mentioned  i^ive  and 
^rant  vnto  his  said  Kovall  Jliuhnes  the  said  James  Onke 
of  York  his  heii'es  and  Assignes  :^U  that  Ti-actof  Land  adja- 
cent to  New  England  in  the  parts  of  Ameriea  and  lyinir 
and  Iteiiiii'  to  the  westward  of  Lon^-  Fsland  and  Manhattas 
Island  and  bonnded  on  the  Last,  part  by  the  ^Faine  Sea 
and  ]»art  by  Hudsons  Ki\er  and  hath  vpjiou  the  Wi'st 
Delaware  l^ay  or  River  and  extendeth  Southward  to  the 
Maine  Ocean  as  far  as  ('a])e  May  at  t\w  Month  of  Delaware 
l>ay  and  to  tlie  Noi'thward  as  far  as  the  Nortliermost 
branch  of  the  said  15ay  or  Kiver  of  Dehiware  which  is  in 
one  and  foity  decrees  and  foi'ty  minutes  of  Latitude  and 
t-rossinii'  o\ei-  tlieiice  in  A.  Sti'aight  Lyne  to  lludsons  Ri\er 
in  one  and  forty  degrees  of  Latitude  which  said  Ti-act  of 
land  was  thereaftei"  to  be  called  l)y  the  name  of  New 
Cesarea  oi*  Ncm' Jersey  with  all  the  lands  Islands  Soyles 
Ivivi'rs  Harbours  Mines  Mineralls  (,)uarryes  "Woods  Marshes 
waters  Lakes  ttishings  Hawkings  Huntings  and  Ifowlings 
and  all  other  lioyalties  pi-ofitts  Com'oditys  and  heredita- 
ments \  nto  the  said  [>'mises  belonging  or  ap])ei'taineing 
with  their  and  every  of  their  a])]>'ten*ces  Ami  All  his  said 
Ma"!'*"  Estate  Rij'ht  Tvtle  Literest  benetitt  advantay;e  Clavme 
and  Demand  of  in  and  to  the  same  p'misses  or  any  ])art  or 
parcel!  thereof  and  t!ie  Reverc'on  and  Reverc'ons  Remain- 
dei-  and    Kemain<lers  togeather  with  the   yearely  and  <)ther 

Kevennes   and  profitts  of  the  same  and  of 

every  pai't  and  pai'cel!  thereof  To  noLDK  Aiito  his  said 
Ivoyal  Llighnes  the  said  James  Duke  of  Yorke  his  heires 
and   Assiirnes  forever  to  be  holden  of  his  said   Ma'%''  his 


1680]  DUKE  OF  YORK  TO  oaktkret's  GKANDSON".  339 

heires  and   Successurs   ainoiio-st   other   the    thiiig?^    therein 
granted  as  of  his  Ma'f  Man'or  of  East  Greenwich  in  his 
Ma'f  Connty  of  Kent  in  free  and  Conien  8oceag-e  and  not 
in  Capite  or   By  Knight-Service  vnder  the  yeareiy  Eent 
therein  nienc'oned  %m\  WllfVca.s'  his  said   Eoyall   Iliglines 
the  said  James  Dnke  of  York  did  heretofore   by  severall 
good  and  sutticient  Conveyances  and  Assnrances  vnder  his 
hand  and  Seale  dnly  Executed  and  dated  the  tAventy  third 
and  twenty  fowertli  dayes  of  Jnne  in  tlie  sixteenth  yearc 
of  Iiis  sd  Ma"^^."**  raigne  for  the  Considerac'on  therein   inen- 
c'oned  Grant  and  Convey  the  said  Tract  of  hind  and  p^'niises 
before  nienc'oned   to  Jolin  Lord   Berkley  Bai-ron  of  Strat- 
ton  and  one  of  his  Ma'7'  niost  liono^"'^  l^i'i^'J  Conncell  and 
vnto  tlie  said  S'"  George  Carteret  the  Grandfatlier  of  Sal- 
tram  in  tlie  Connty  of   Devon  Knight  and  Bar^  and  one  of 
liis  jVEa'^.*^^  most  liono''.'*'  Privy  Councell  and  their  heires  the 
said  Tract  of  Land  and  p'niises  before  pticuhiidy  menc'oned 
and  the  R.everc'on  and  Reverc'ons  Kemainder  and  Remain- 
ders of  the  same  (Ipo  holtU  vnto  the  said  John  Lord  Berkley 
and   S'.   George  Cartei'et   the  Grandfather  their  heires  and 
.\ssignes  forever  vnder  the  yea,rely  rent  of  twenty  Nobles 
stciling  payal)le  as  the  same  is  therein  reserved  to  be  Jjayd 
^U(l  U'hcvraiSi  vppon  A  partic'on  made  of  the  said  whole  and 
Litire  ])''mises  betweene  the  said    S'"  George  Carteret  the 
Grandfather  and  AVilliam  Penn   of  Warminghnrst  in  the 
Connty  of  Sussex  Esq'.'  Gawen  Lowry  i)f  London  Merchant 
Nicholas    Lucas  of  Hertford   in   the  Connty  of  Hertford 
JVlalster  and  Edward  JiJyllyngof  W^estmiiister  in  the  County 
of  Midds  gent:  in  whom  the  fee  simple  of  the  Lord  Berk- 
leyes  moiety  of  all  ife  singular  the  said  j)'"mises  by  good  and 
sutticient  Conveyances  was  then  Vested.     The  said  William 
Penn  (Tawen  Lowry  and  Nicholas  Lucas  and  Edward  Bil- 
ling   Did    Bargaine    Sell   Pelease   and   Conhrme   vnto  the 
said   S'.'  (-reoi-ge  (  arteret    the    (irandfathei-  his   heires  and 
Assignes  forever.  All  that  Easterly  part  share  or   portion 
and  all  those  Easterly  parts  shares  and  Easterly  porc'ons  of 
the  said  v.diole  and  Intire  Tract  of  hand  and  p'lnises  before 


r54(»  NKW    .IKKSKV    (ut.OMAr,    I  »t  ><  IMKNTS.  [ITiSO 

menc'oned  extending  Eastward  and  Xortliward  aloriir  the 
Sea  Coasts  and  the  sd  IJiver  called  Uudsons  liiver  tVoiii 
tlie  East:  side  of  A  certaiiie  place  or  Harbour  lying  on 
the  Southerne  part  of  the  same  Tract  of  Land  Coin'only 
(•all(Ml  or  knowne  in  A  Maji  of  the  said  Tract  of  Land  by 
the  nauu'  of  little  Eii'o'e  Jlarbonr  to  that  part  of  the  said 
IJiver  called  Ilndsons  Rivt-r  which  is  in  forty  one  degrees 
of  latitude  bi'ing  the  furthermost  part  of  the  said  Tract  of 
land  and  ])''mises  which  is  bounded  by  the  said  Kiver  and 
crossing  over  from  thence  in  A  sti-eight  lyne  extending 
from  that  part  of  Hudsons  River  aforesaid  to  the  Korth- 
ermost  branch  of  the  afoi'emenc'oned  River  called  Dela- 
ware River  and  to  the  most  Northei'ly  ])oynt  or  boundary 
of  the  said  Litire  Tract  of  Land  and  pTmises  now  called 
the  !North  partic'on  Roynt  and  from  thence  (that  is  to  say 
from  tlie  Xorth  partic'on  Poynt  extending  Southward  vnto 
the  most  Southerly  Poynt  by  a  Streight  and  direct  Line 
drawne  through  the  said  Tract  of  Land  from  the  said  Norlli 
partic'on  Poynt  vnto  the  said  South  partic'on  Poynt  by 
the  consent  and  agreem''  of  the  said  parties  now  called 
the  Lyne  of  Partic'on  and  by  them  intended  for  the 
divideingand  makeing  A  Partic'on  of  the  said  Easterly  part 
share  and  Portion  from  the  AVesterly  part  .share  and  Por- 
c'on  of  the  said  Tract  of  land  and  p''mises  and  all  and 
every  the  Lsles  Islands  Rivers  Mines  ]\rineralls  woods 
fishings  Ilawkings  Huntings  and  fowlings  and  all  other 
Royaltyes  Governments  Powers  tlbi-ts  ffranchisi's  Jlarbonrs 
]>rotitts  Com'odities  and  Hereditaments  whatsoever  vnto 
the  said  Easterly  ])art  shan-  and  Porc'on  of  the  said  Tract 
of  Land  and  p'niises  belonging  or  in  any  wise  aj)pertaineiiig 
with  their  and  every  of  their  app'teJi'ces  And  all  the  Estate 
Right  Title  Literest  propei'ty  chiyme  and  Demand  whatso- 
ever of  tlu'in  the  s;ii(j  William  Pcun  Gawen  Lowry  Nicho- 
las liUcas  and  Ji!(l\\ar<l  Pilling  and  of  each  and  every  of 
them  of  in  \  iito  and  out  of  the  said  Easterly  ]iart  part 
share  and  porc'on  of  the  said  Tract  of  Land  and  p'niises 
an(l  every  ])art  and  parcdl  thereof  and    the    Rever'con  and 


]<1S0]         nrivF;  of  vokk  to  cartekkt's  grandson-.  341 

Rever'coiis  Reinainder  and  Remainders  of  the  same  and 
every  part  and  paroell  of  the  same  All  which  said  wester- 
ly part  share  and  porc'on  parts  shares  and  Porc'ons  was  and 
were  then  and  now  is  and  are  hv  the  consent  and  Agree- 
ing  of  the  said  partyes  to  the  said  Partie'on  called  and 
agreed  from  thenceforth  to  he  called  b>-  the  name  of  East 
New  Jersey  and  is  all  that  and  only  all  that  part  share 
and  porc'on  and  all  those  [)arts  shares  and  porc'ons  of  the 
said  Ti-act  of  ].and  and  p'inises  soe  Conveyed  by  his  said 
Royall  Highnes  aforesaid  as  lyeth  Extended  Eastward  from 
the  East  side  of  the  said  Line  of  Partic'on  before  men- 
c'oned  (Ta  hold  vnto  the  said  S'.'  George  Carteret  the  Grand- 
father his  heires  and  Assignes  in  severalty  to  the  A"se  of 
him  the  said  SV  George  Carteret  his  heires  and  assignes 
forever  vppon  which  Partic'on  soe  made  and  snch  Con- 
veyance soe  execnted  as  aforesaid  he  the  said  S'"  George 
Carteret  the  Grandfather  became  seised  of  all  that  Esterlv 
part  of  the  said  p'mises  now  called  East  New  Jersey  with 
the  app'ten'ces  in  severalty  and  being  soe  seised  abont  the 
Month  of  Jannary  last  past  dyed,  whereby  his  said  severall 
moyety  descended  to  the  said  S'"  George  Carteret  party  to 
tlieise  p'sents  as  his  Grandsonne  and  hire  %\u\  Whcvca,^ 
since  the  makeing  since  the  makeing  and  Execnting  of  the 
said  Conveyances  soe  made  by  his  said  Tloyall  Highnes 
Vnto  the  said  John  Lord  Berkley  and  S*^'  George  Car- 
teret THE  Grandfather  as  aforesaid  and  in  the  times  of 
the  late  warr  betweene  his  said  MaM*^  and  the  States  of  the 
vnited  Provinces  of  the  Nethei-lands  The  Armyes  and 
Subjects  of  the  said  States  gained  the  possession  not  onely 
of  the  said  p'mises  soe  by  his  said  Royall  Highnes  Con- 
veyed unto  the  said  John  Lord  Berkley  and  S"  George 
Carteret  the  Grandfather  as  aforesaid  But  alsoe  of 
other  the  lands  and  Hereditam'f  which  were  Originally 
granted  vnto  his  said  Royall  Highnes  by  his  Ma^'f''  said 
Letters  Patents  herein  before  recited  §iU  wllicH  were  after- 
M'ards  regained  from  the  said  Stages  or  by  them  delivered 
vpp   vnto  his   said   Ma"'"   3V«rt    uiuvfilS  his  said  Ma^!''  did 


P>42  \i:\v  .ii:k-i;\    (oi.omm.   im.(1mi:m>.  [IHso 

l»v  otlici- his  lA'trtM>  Patoiits  Dated  the  twenty  iiiiit'tli  day 
of  June  in  the  six  and  twentyetli  yeaiv  of  liis  said  ^fa"*'* 
raigne  (irant  and  ('uii\ey  \nt(»  hi>  said  Royall  lH<^lines 
and  Ills  lieiiva  tV»re\er  as  well  the  said  Ti'act  <>!'  Land  and 
p'lnises  liereiidx'fore  recited  to  ha\e  ])een  «:ranted  and 
Conveyed  by  his  said  Jioyall  11  ighnes  vnto  tlie  said  .lon.N 
LoKii  Rkk'ki.kv  and  S"  (-Ji:oi;(.K  Oaktkkkt  rni:  (iKAMi- 
1  AinKij  as  aforesaid  as  all  olliei'  the  Lands  and  lleredi- 
tani'."  in  and  l)y  the  said  herein  tir>t  hefore  Recited  Letteis 
]-*atents  granted  or  im-ntioiied  to  ])e  iii-anted  ^nd  U'hci'Ca.Si 
by  the  said  se\  erall  (Grants  soe  made  by  his  said  Ma'^''  \  iito 
his  said  Royall  Iliiihnes  as  at'oivsaid  sevei'all  J^oweis  and 
Ant]ioi'it\es  ai'e  and  were  i;i\iMi  and  <j,'rante(l  viitt")  his  sd 
liovall  Jliiilmes  ids  heires  and  .Vssignes  to  be  Exeented 
by  his  said  lloyall  llii^iines  his  heires  or  Assignes  or  by 
the  l)e|)nties  Agents  or  ("oni'r  of  his  said  Royall  Highnes 
his  lieires  oi-  Assignes  which  are  necessary  as  well  for  the 
Planting  l*eo|»Iing  and  iniprox  ini;-  of  all  and  evei'v  the 
respectixc  l,and>  places  and  'rcn-iToryes  thereby  granti'd 
and  foi-  the  Traiis])(»rting  thither  from  rime  to  time  siudi  of 
his  Ma'\''"  Subjects  as  shoidd  be  willing  to  goe  or  be  Trans- 
ported into  those  parts  or  any  <>(  rliein  as  foi-  the  Defend- 
ing Guai'ding  and  Peopling  of  tlie  same  as  also  foi"  the 
well  go\erning  of  the  same  ami  (d'  all  such  as  are  and  shall 
be  Iidiabiting  in  the  same,  and  for  the  nuikeiug  Ordaine- 
ing  and  Kxecuting  of  necessary  and  cnuvcinent  Paws  and 
Constituc'ons  in  oi'der  to  Such  Govei'um'  and  the  punish- 
ing and  ])ai'doning  Offences  ami  <  >ft"en(lers  as  occac'(»n 
shall  reipiii'c  and  to  nominate  make  ()i'daim'  Constitute 
and  ( 'otitii-me  and  alsoe  to  Revcike  discharge  change  and 
altei-  all  and  singidar  (iovei'uors  ( )tficers  and  Ariiustei's 
which  by  his  >aid  Poyall  Highnes  his  liciri's  or  Assignes 
shall  be  from  time  to  time  thought  fitt  or  needfull  to  be 
made  Oi-daim^d  a])onted  or  vsed  in  the  said  parts  or  places 
oi'  any  of  them  an<l  to  (,loe  all  otliei'  things  needefull  and 
necessary  for  the  well  govei'iiing  keeping  defending  and 
p''6erviiig  tile  said  respective  }>laces  and  Territoryes  and  of 


l(iS(l|  nrKK  OF   VORK    I'd  CAIM'KRF.t's  (iUANDSOX.  343 

every  of  tJiein  and  of  all  such  as  are  ami  sliall  bee  Inhab- 
iting there  ^lou'  thfi:5;c  pve.S'ent.o'  uitncsi  tliat  for  and  in  con- 
siderac'on  of  A  Coni])etent  snnve  of  lawfull  English  money 
vnto  his  said  Rovall  ITighnes  in  hand  payd  and  for  the 
better  Extingnishing  all  such  Chiynies  and  Demands  as  his_ 
said  Royall  Higlmes  may  any  M'ise  have  of  or  in  the  p'liiises 
aforesaid  noM-  called  (Sa.'&t  i^lciv  ^cri&'cy  or  any  part  of  them 
and  for  the  further  and  better  setling  Conveying  Secure- 
ing  and  Confireming  ....  same  and  of  every  part 
thereof  according  to  the  pnrjiort  and  true  meaneing  of 
theise  p'sents  |\i,$'  jiairt  lloyaU  |Vi(^hnc,5i  the  said  James 
Dnke  of  Yorke  huth  (6vantctl  Bargained  sold  and  (\^ntirmed 
and  by  tlieise  p'sents  doth  grant  bargaine  sell  andContirme 
vnto  the  said  S''  George  Carteret  party  to  tlieise  p'sents  his 
heires  and  Assignes  ^U  tltat  part  share  and  poi-tion  and 
all  those  Parts  shares  arid  Portions  of  all  that  Intii-e  Tract 
of  Land  and  all  those  Intire  p'mises  soe  granted  by  his 
said  Royall  Highnes  vnto  the  said  John  Lord  Berkley  and 
S'"  George  Carteret  the  Granfather  and  their  heires  as 
aforesaid  as  in  by  and  vppon  the  said  Partic'on  was  and 
were  vested  in  the  said  S""  George  Carteret  tlie  Grandfather 
and  his  heires  and  then  agreed  to  be  called  b\'  the  name  of 
East  New  Jersey'  togeather  with  all  Islands  Bayes  Rivers 
waters  fEorts  Mines  Qnarryes  Royaltyes  franchises  and 
appten'ces  whatsoever  to  the  same  belonging  or  in  any 
wise  apjitaineing  and  all  the  Estate  Right  title  Interest 
Reverc'on  Remainder  Claime  and  Demand  whatsoe\er  as 
well  in  Law  as  in  E(juity  of  him  the  said  James  Duke  of 
Yorkf  of  in  vnto  or  out  of  the  same  or  any  part  <^r  parcell 
of  the  same  as  also  the  free  vse  of  all  Bayes  Rivers  and 
waters  leading  vnto  or  lying  betweene  the  said  p'mises  oi' 
any  of  them  in  tlie  said  parts  of  America  for  Navigation 
it'ree  Trade  ftishin/  or  otherwise  O^o  hlUT  iinrt  to  hoUl  viit(j 
the  said  S'.  George  Carteret  Party  to  theise  P'sents  his 
heires  and  Assignes  forever  to  the  onely  vse  and  behoofe 
of  him  the  said  S''  Geoi-ge  Carteret  his  iieires  and  Assignes 
forever  \|filUiu9  ami  payiuj)  therefore  yearely  for  the  said 


344  Ni:\\     .IKliSKY    <(iI.<iMAI,    l>i>i  IMKNTS.  |  IGSO 

wliok'  Iiitirc  ])'inises  vnto  his  sai<l  lloall  lliuhnes  lii.s 
lu'iros  and  Assi^-iios  tlie  yearely  n-iit  of  tenii  Nobles  of 
lawfiill  Eiiii'Iisli  money  at  <>i-  in  tlie  Middle  Teinj)k'  Hall 
London  at  or  vppon  the  ll'east  day  of  S'  ^licliaoll  the  Arch- 
Anijell  yeaivly.  ^ml  tUci.^c  lUf'iCiit.^  fuvthfv  witness  that  for 
the  better  enablinj^  the  said  S'  (Jeorge  Carteret  party  to 
theise  ])'"sentshis  heires  and  .Vssio-nes  to  Improve  and  plant 
the  said  p'inises  with  People  and  to  Exercise  all  necessary 
(Tovernni!  there  whereby  the  said  i)''niises  may  be  the  better 
Improved  and  made  more  vsefull  to  him  his  lieires  antl 
Assij^nes  and  to  the  Kings  Ma^r  ^UiS  ,'5aul  iJoyuU  IHjlUue,?! 
liath  likewise  given  granted  Assigned  transferred  and  doth 
by  theise  p'sents  give  grant  Assigne  and  transfer  vnto  the 
said  Si"  George  Carteret  party  to  theise  p''sents  All  and  every 
such  the  same  Powers  Authorityes  Jurisdictions  Govern- 
ments and  other  matters  and  things  whatsoever  which  by 
the  said  respective  Recited  Letters  Patents  or  either  of 
them  are  or  were  granted  or  intended  to  be  granted  to  be 
Exercised  l)v  his  said  LJoyall  Jlighnes  his  heires  Assignes 
Deputves  Officers  or  Agents  in  vppon  or  in  Relac'on  vnto 
the  said  ]*''miscs  hereby  Confirmed  or  intended  to  be  Con- 
iirmed  and  rwyy  of  thciii  in  case  tlie  same  M'ere  now  in 
the  actual  sei/in  of  his  said  Ivoyall  Jlighnes,  (To  ht  UcUl 
enjoyed  exercised  and  Executed  Ijy  him  the  said  JS""  George 
Carteret  party  to  theise  p''sents  his  heires  and  Assignes  and 
by  his  and  their  Deputves  Officers  Agents  and  Commis- 
sioners as  fully  and  Am})ly  to  all  intents  constructions 
and  purposes  as  his  said  Royall  llighnes  or  his  heires 
might  could  or  ought  to  holdc  Enjoy  vse  Exercise  or  Exe- 
cute the  same  by  force  anil  vertue  of  tlie  said  severall  and 
respective  before  Recited  Letters  Patents  or  either  of  them 
or  of  any  thinn-  in  them  or  either  uy  any  of  them  con- 
tained or  otherwise  howsoever  ^\\  HVitUC.O'  whereof  the 
Parties  to  tlieise  p'sents  have  herevnto  Interchangeably 
sett  their  hands  and  Seahv>  the  day  and  yvnv  first  aljove 
written 

James 


1680]  SECRETARY    WERDEN    TO    (iOV.    ANDROS.  345 

May  it  please  yo'"  Royall  Highnen 
This  conteynes  A  Coniirmac'on  and  release 
to  S*"  George  Carteret  Baronet  and  his  heires 
of  his  Moyty  of  J^ew  Jersey  In  tlie  Parts  of 
Amei'ica,  In  the  same  nature  as  is  already 
Graunted  contirnied  and  released  to  M''  Bil- 
ling and  others  and  their  heires  of  the  otlier 
Moyty  16  Octohris  1680 

This  is  a  Coppy  of  j^  Original  Signed  by 
S?  George  Jeoffryes 

[On  the  back.] 

Sealed  and  delivered  in  the  p'sence  of 

Jo  Werden 
Harrey  Langdon 


Sir  John   Werden  fo  (roeernor  Android. 

fFiom  'New  York  Colonial  documents,"  Vol.  III.,  p.  ii%(S.\ 

Sir  S»  James's  6  Nov"-  (80) 

1  presume  you  will  liave  heard  already  y'  his  R"  H"  in 
obedience  to  his  Ma'*  commands  is  gone  againe  into  Scot- 
land, but  y*  before  he  went  he  was  pleased  (upon  such 
advice  as  he  relyed  on)  to  confirm  and  release  to  the  Bro- 
priet'"  of  both  moytys  of  ISTew  Jersey,  all  theire  and  his 
right  to  an}^  thing  (besides  y""  rent  reserved)  w*^^^  heeretofore 
may  have  beene  doubtfull,  wliether  as  to  governem*  or 
publique  dutyes  in  or  from  y*^  places  witliin  their  graunts. 
And  though  I  believe  y"  Deeds  y™selves  (respectively) 
w°  produced  to  you,  will  enough  satisfy  you  in  this  matt'' 
yet  I  thinke  it  convenient  herein  to  give  you  notice  of  y'" 
to  p'^vent  as  much  as  in  me  lyes,  any  doubt  of  y"  validity 
thereof,  or  there  haveing  beene  sui-reptitiously  obteyned 
or  any  oth''  inconvenience  y'  may  happen  either  to  you,  or 
y*^  Propriet'"  for  want  of  such  intimac'on.  I  am  &*: 
To  S'-  Edm°  Andros  Kn^  &•? 


•■''.4f>  NKW    .IFUi^KV    (ol'iMAl.     1»'<  IMl- N  I-.  [16SI 


P  lUii-lil  iiiill'nni      t'riiin       i  rni'i  fimr      ('iiif'i'tf      .[iliiiiisl     lli,' 

A  iitlmrit II    of'  Sir    /'.il III  II ml  A  ml i  <>■•<. 

[From  "(iiaiits  ami  i 'll||l■(^ssillll.■^."  p.  (>?<.').  | 

Till-  is  t(i  jj'ive  Notice  to  all  \n  whom  it  sliall  fOJiccrn,  that 
1  lia\i'  loct'ived  an  ( )i(lcr  in  a  Ij-ftei'  fi'Oin  tlic  Kii^ht 
Hononrahlc  the  Lady  h'lirnilx  f/i  Cn rti'rci,  boai-iiiy-  Date 
Montli  Si'2>trnih<'i'  lOSO,  (who  is  k^ft  sole  Executrix,  and 
(iiiardiaii  to  tlie  Heir  of  Sir  (in>iyi'  Carh'Vi'i,  Lt»rd  Proprie- 
tor- of  this  I'roviiice)  with  an  absolute  Coinnumd  not  to 
take  Notice  of  any  ( 'oniniissions.  Warrants  or  Orders  from 
Sir  l\il nniml  Anili-Dxs :  And  1  arn  also  further  Commanded 
to  tell  \(iu.  that  you  briuii;  in  ><iur  ( 'liari>'es  and  Uamaii^es, 
Sir  l\il III  II ml  A  ml rns.K.  hath  |Mit  this  Province  to  in  the 
I  surpation  of  the  Government;  for  his  lioyal  lliii'hues.s 
beiui;-  accjuainted  witli  liis  illea;al  Actions,  in  usurj)ini::  the 
(iovernnuMit  of  Nen'-Ji  r-si  ij.  doth  deny  that  ever  he  had 
any  such  Orders  from  him  or  done  by  his  Oousi'iit ;  l)Ut  on 
the  Coiitrai-y  the  Lord  Pj-oprietor  should  Inive  all  riyht 
doiu'  him  in  the  Enjoyment  of  the  Province'  and  the  (iov- 
ernmeiit  thereof;  and  that  his  Poyal  IIi<;hness  would  not 
in  the  least  derogate  from  what  he  had  ii'ranted  to  Sir 
(iinn/i  Ciirt'i;  t,  and  doth  wholly  disown  and  declare  that 
Sir  h'tlniiiml  AmI/'i's.s  had  iiexcranv  such  ( )rdei' oi' Author- 
it\  from  him  for  the  doinu'  thereof.  .Vnd  whei'eas  I  am 
iiifornieil  that  some  (  )tlicers  of  \iir-  }',>,■/,■.  do  intend  to 
persist  and  keep  Courts  !»v  \  irtneof  Sii-  h'.ilniKml  Amlnts.s 
illejial  Actions,  which  will  tend  to  the  great  l)isturbaiu*e 
of  the  Kiiiii's  l^eace.  and  deti'iment  to  the  Lord  Pi'(»]»rie- 
toi'"s  Interot.  and  the  ]inlilick  \\'eltare  of  the  People  heiv 
settled  under  him  :  'i'hese  are  therefore  to  will  and  reipnre 
all  Pei'sons  uot  to  obey,  abett  or  assist  or  haxc  any  Thiui^- 
to  do  in  >nch  ('oui'ts.  foi-  there  >liall  be  an  Assemljly  forth- 
witii  con'.eiied  and  (  )fHcers  chosen  in  due  Time:  Tlierefore 
let   none    pi'esume    to   Act    any   further   by   Sir  JldinaiKVa 


1081]  SECRETARY    WERDEX    TO    GOV'.     AXDROi*.  347 

Orders  or  Com  missions  or  any  deputed  under  him,  as  tliey 
•will  answer  the  Contrary  at  their  Perils,  (liven  under  m}^ 
Hand  and  Seal,  at  I'Jlhahdh-Towii,  in  the  Province  of 
New-Jerset/^  this  second  Day  of  Mareh^  IDSO.^ 


S'lr    John     ^Vcrdcii    fo    (ioi'crnor    ^\/id/'(M.'^ 

(Fioiu  "New  York  Colonial  Docnmeiit.s/'  Xo].  TIT.,  p.  28(5.1 

Ediidmrg-h  12'"  May  (81) 
Sir  [E.Tetracf.'] 

I  liave  already  written  to  yoiT  touching  the  grants  of 
Xew  Jersey  ivom  y''  Duke  and  M''  Pen's  j^attent  fi-om  y*" 
King  (of  Pensilvania)  the  Boundaryes  of  w'*'  towardes  New 
elastic  y®  Duke  assents  to.  and  it  will  be  convenient  that 
yoiT  give  notice  of  all  to  yo''  officers  in  ISTew  Yorke  and 
New  Castle.  But  without  doubt  all  settlements  already 
made  in  those  parts  ought  to  hold  good,  untill  new  laws 
be  made  by  consent  of  their  Assemblyes  (w'"  1  think  M'' 
Pen  hath  authority  for  :)  but  I  presume  y*"  Lords  Cout'''  for 
Trade  hath  taken  care  to  preserve  y''  rights  of  men  in 
possession,  or  else  it  is  a  point  ought  yet  to  be  thought  of 
by  y'"  ;  for  the  Dukes  aiTthority  there  will  not  l)e  sufficient 
to  controule  M'"  Pen's  pattent.  As  for  j^  Islands  in  Dehi- 
ware  river,  it  is  best  to  observe  well  the  grants,  as  I  take 
M'"  Pen's  is  bounded  by  the  shears  of  Delaware  river  on  y" 
East,  by  w*^''  Islands  seeuTe  excluded  OTTt  of  his  patent,  if 
they  lye  out  in  y'  open  river,  and  may  still  belong  to  New 
Castle,  and  soe  alsoe  for  those  y'  the  Quakers  of  New  Jer- 
sey may  pretend  to;  l)iTt  in  both  these  cases  the  graunts 
alone  must  determine  y'^  matter,  w'"'  you  may  be  there  well 
advised  upon,  for  here  they  are  not,  neither  can  we  jTTdge 
soe  well  as  our  lawyers.  1  wish  yoTi  good  health,  and 
remain  tVrc 

To  Sir  Edm"  AxDiios  Ku'  &'^ 


1  168U-81. 

2  A8  Sir  EUiuuud  loft  Xew  York   in  January  Tor  Eu-^land,  this  letter  could  not 
have  been  received  by  him  iu  America.    Ed. 


348  XKW    JKKSEV    COLONIAL    1)()<L'MKNT:4.  [168< 


/>'//•  .liiJtn    \\'>  /■//,,,  fu    Will  id  ij,  Peiin. 

[From  •'  N'ew  Voik  Culonial  DD.imieiitH.'    Vol.  III.,  i>.  •-'9U.] 

K(liMl)uri;'li  !♦)  .Inly  (Sl  i 
Sir  [Kiiravt.'] 

As  toyo''  fresh  pro])osition  to  y''  Dnke  repeated  in  y*  last 
Tre  viz'  that  his  R"  IP  wouhl  cont'err  on  you  y®  rest  of  \v' 
lie  possesseth  in  and  about  Xew  eastle  on  Dehiware  River, 
mid''  certaine  condic'ons  and  limitac'ons,  such  as  you  tliinke 
titt  to  offer :  I  tohl  your  friends  y",  w^  I  now  repeate  to 
you,  y'  the  Duke  was  not  pleased  to  come  to  any  resohition 
as  yet  in  y'  j>articular,  and  1  doe  not  find  y'  llis  R"  II" 
hath  altered  his  thoughts  therein. 

Yo""  last  request,  for  a  letf  to  the  Govern'  of  Xew  Yorke 
y'  you  may  have  (juiet  possession  is  in  effect  already 
answered  and  graunted  :  Rut  whereas  you  menc'on  in  y* 
Pre,  isles  y'  lye  about  Xewcastle  in  Delaware  River,  1  must 
take  notice  to  you  y*^  y*  is  quite  a  new  proposall,  havin^^ 
(as  I  believe)  never  heard  you  menc'on  Isles  (in  y'  river) 
till  now  neither  had  I  ever  any  comands  from  y*^  Duke 
touching  the  passin*)^  of  y'"  to  you.  Rut  all  along  have 
believed  y'  the  River  itselfe  (that  is  y''  shoare  of  it)  was  to 
be  your  East  Boundary,  and  I  believe  you  will  find  the 
words  of  your  pattent  y'  describe  your  iMtundaryes  to 
import  noe  more,  soe  as  if  a!iy  gen"  words  afterwards  have 
isles  inserted  amongst  y""  "tis  w'  I  cannot  say  any  thing  for, 
neither  can  I  .ludge  how  far  such  an  enumerac'on  of  par- 
ticulars   can    include    an\'   nioi-c   tluii    v*"  gen"  Boundai'ves 


To  W^'  Pknn  Ks.f.^c 


1681]  Carteret's  claim  to  staten  island.  349 


LetUr  ft'oiii  G  am  mo  I'  Carteret  <uid  Conncil  to  the  Governor 
of  New  YorJi  and  His  Council^  Meferriny  to  the 
()trnrrshij>  of  Staten  Idand. 

[From  "  East  Jersey  Records.'  Vol.  II.,  Liber  3,  p.  ITl .  ] 

By  the  PIon"''*^  Phillip  Carteret  Esq*?  Governor  of  the 
Province  of  East  New  Jersey  under  the  liight  Hon"!® 
tlie  Lady  Elizabeth  C'arteret  Sole  Executrix  to  the 
Right  Hon^'«  Sir  George  Carteret  Kn^  &  Barf  De- 
ceased Late  Lord  Proprietor  of  this  Province  and  his 
Councell 

To  the  Hon*'.'.''  the  Governor  or  Coniniander  in  Chief  of  all 
his  P:  Highness  Territories  in  America  at  New  York 
and  his  CDuncell  there. 

Whereas  I  have  an  order  to  Lay  Clainie  to  Staten  Island 
as  property  and  Justly  belonging  to  the  Lord  Proprietor 
his  Government  and  Jurisdiction  of  this  Province  and  doth 
Appeare  by  his  R.  Highness  Grant  under  his  hand  and 
Scale  bearing  date  the  lO^*^  day  of  Ttemb.  1680.  Where- 
fore these  are  in  the  Lord  Proprietors  Name  and  by  Virtue 
of  the  said  Grant  to  demand  of  you  the  Surrender  of  the 
s''  Island  unto  me  with  the  Quiet  possession  thereof,  and 
that  your  Selfues  or  any  other  persone  by  your  Authority 
doe  forbeare  the  Expressing  eny  Command  Authority  or 
Jurisdiction  within  the  said  Island  in  which  I  doe  Expect 
your  Speedy  answer  <k  Compliance — Given  under  my  hand 
and  Scale  the  22"  July  1681 


The  Letter  to  Cap!   Anth:   Bracket   [Brockholls]   Deputy 


3.50 


XKW    .IKR-KV    r-fir.ONfAr,    DOf'I'MENT?. 


[1681 


(■Tdvcni.   V.V:    ( "i>nini:niilri-   in    ('hirf  of   New  York  Gov- 
erntn' 

S"^  According  t<>  iiiv  (  )i(icr  I  li;i\c  >c'iit  t'l  M'  I. a  I*i-;iiric 
cV  M'  I>(>IU'M  to  Demand  rlic  Siirretuh'i-  (if  Staten  Island 
into  my  Possession  and  (io\ ciiiment  as  of  Riijiit  belonging 
nnto  S'  (-reorge  Carteret  Lord  i'rojtrietor  of  tliis  Provinee 
as  yon  may  See  liy  y'  Copy  of  His  lutyal  lliglmess  Grant 
Sent  you  Uy  them  Concern^  wliii-li  \)\'ay  Let  me  have 
your  Sj)eedy  Answei"  Kesidution  .ind  ;iiiswere 


Yo""  hnmi.le  servant 


Pn:  Carteret 


Pr<n'l>iiii(dton   of  i titr<  iiiiir  Ciirlinl   l<>  tin     I i,li>ihi1,ii,is   qf 
Stilt  I  II    /.si /I  nil. 


IFrom    •  KasI  .Ursiy  Hrconls,"  V..1.  II..  I,il)ur  It.  p.  ITl-J.) 

1'.^  yuv  Hon'"-'*  Pnn.rai'  Caktkkkt  Msii"*  (io\enior  ot'  the 
l'ro\inceof  East  New  Jersey  under  the  Kiulit  Hon""" 
the  I-ady  Eli/.aheth  ( 'artei'et  Sole  Kxeentrix  to  the 
Ivight  Hon'!''  Sir  Ceoroe  Carteret  Kn'  iV  I'.ar;  De- 
ceased Late  Lord  Proprietor  of  this  Pid\  inee. 

WuKUEAs  Stateri  Island  (htth  of  li^ht  iKdoii^-  to  the 
Province  of  East  New  flersey  as  (h'th  .ippeare  of  llisR. 
lliglmess  the  Dnke  of  York  Dee(|  of  (ii';iiit  under  his  lian<l 
tV-  Scale  bearing  date  the  li>"'  of  Ttemh.  ICSii.  hm  liath 
been  detained  by  Several  of  the  (b.xeiaiors  under  his  P. 
Highness,  Contrary  to  all  Law  iV  Ecjiiity  and  Inning  imw 
a  Speciall  onler  from  the  Loi-d  Proprietor  to  demand  the 
same  These  are  in  his  IMajesty's  Xanu'  to  will  and  re(|uire 
von  the  Magistrates  ( )tticers  and  Inhabitants  of  the  said 
Island  to  forbear  Yielding  any  Obcclience  to  the  Govern- 
ment or  .lurisdiction  of  New  York,  Or  to  doe  oi-  Act  anv 


1681] 


TATT.  BROCKHor.r.S  TO  GOV.  CARTERET. 


351 


thine;  by  their  Auth<trity  or  Coinniaiid  and  receive  yonr 
roinmissions  Orders  and  Jiibitnictious  from  me  volir  Law- 
tnll  (4ovenior  as  3^)11  will  answer  the  Contrary  at  your 
P'rills.  Given  under  niy  hand  and  Seale  the  22  July  An'.' 
J>(.m".  IHSl 


Cctptain  Aiifhninj   Brock/iollx^  of  JS<ir    V(>rl\  fo   Governor 

Ciirh'vd. 

[I-'mni   ■(riiints  aiul  Concessions,"  p.  ilMi.  | 

(Japt.  Cat'Urt^t  Xew  Ym'l:^  Jvly,  2HM,  1H8L 

I  This  Day  received  several  Papers  from  you   by  Mr. 
Bullen,  and  L<ij>)'<  ri/.  which  liave  been  sliewn   and  read  in 


352  NKW    .IKRSKV    COLONIAL    IXHIMKNTS.  [1>»81 

Coiiiifil.  l>nt  tiiitl  no  I*uwer  therein-  for  you  to  Act  in,  or 
aBsuine  the  (Toverninent  of  Kcir-Jcrxi  i/,  and  till  you  pur- 
suant to  our  former  Orders  and  Resolves  in  Council,  and 
your  ]*arole  to  me,  produce  and  shew  a  sufiicient  Authority, 
you  are  and  I  do  herehy  recpiire  you  to  desist  Acting  in 
any  j)ul)lick  Capacity,  and  remain 

^'oiir  l-riciid  and  Servant, 

Anthony    P>ko(k molls.* 


Governoi'  (kirtci'it  to  ( 'iijiiiKii  BrocklmUy^. 

[Kiom  "(iiants  and  Coii(.f.-isiou.H."  )).  df'T.] 

Ellzahiih-Touui  -l^ih  Jtilij,  Hisl 
Capt.  BrockhoIlK, 

Sir,  1  liave  received  yours  of  the  iHUh  Instant,  hy  Mr, 
Hullen,  and  Mr.  JAiprenj.  T  have  a  Power  sutiicient  to 
Act  as  Governor  of  Enxi  ycic-Jersei/,  and  am  no  more 
bound  to  give  you  and  your  Council  an  Account  thereof, 
then  you  are  obliged  to  give  me  an  Account  of  yours  : 
When  you  do  produce  to  ine  by  what  legal  Authority  you 
are  so  confident  to  controul  my  Proceedings,  I  will  shew 
you  mine  to  contradict  it.  In  the  mean  Time  I  will  send 
your  uncivil  Answer  for  KiKjhoul,  where  your  late  (iov- 
ernor  and  his  Councils  unjust  Proceedings,  are  already 
disowned  by  your  Master,  and  condemned  to  be  illegal  by 
all  in  General.  I  did  send  you  a  ('opy  of  his  Royal  High- 
ness Grant  attested  by  the  Secretary  of  this  Province,  of 
which  you  seem  to  take  no  Xotice  of,  nor  of  my  demand 
of  the  Surrender  of  Staten-lsland  unto  nu',  by  which  I  con- 
clude a  denial,  I  remain 

Your  Frienvl  and  Servant, 

Pm.    (".MriKKKT. 


1  Anthony  Brockholls  was  left  by  Oovcrnor  AiidroM  in  charge  of  the  Government 
of  New  York,  on  leaving;  for  Enuland.  in  January  16H1.     El>. 


1681]  GOV.    CAKTERET    TO    I.ADY    CAKTERET.  353 

(Toi'ifnor  Ciirii  r<t  fo   IjuIi/  FJir^dlhtJi  i'niii'ret. 

1  Fioyi  ""  Grants  aiid  ("oncf.ssioiis,"  ]i.  6fT.J 

Madam, 

YouK  Honour  will  see  1)V  the  inclosed  Letter  of  (^aj^t. 
B/'ix'kJiolls,  Coniiuaiider  in  Chief  of  Neio-Yorl  Govern- 
ment, under  his  Royal  Highness,  the  Answer  to  mine  and 
the  Councils  demand  of  >^t<ifru-Jd<iii(J,  which  is  as  much 
youi-  Hononr's  due  as  any  other  Part  of  this  Province,  with 
my  reply  unto  it,  by  which  your  Honour  will  understand 
the  continuance  of  their  Obstinacy  and  unjust  Proceedings, 
which  if  not  takeu  off  by  his  Royal  Highness  and  punished 
in  Sir  Kdi/iKiul  AikI/'o.ss^  iujw  you  liave  him  in  Eitijland, 
we  shall  never  be  at  quiet.  The  last  Week  the  Council 
and  General  Deputies  of  the  Assend)Iy  did  meet  for  the 
Settlement  of  the  Country,  at  which  Time  they  all  unani- 
mously voted  and  concluded,  that  Sir  FjhniDul  Amhvss, 
and  Abettors,  Proceedings  against  this  Government  was 
illegal;  some  other  small  Things  was  done,  which  your 
Honour  shall  have  account  in  due  Time;  and  so  adjourned 
to  tile  M<»nth  of  October  next.  The  Shi])  is  just  a  going  to 
set  Sail,  and  have  not  Time  to  add  more,  than  that 
I  am  Madam 

Your  most  humble  and  faithful  Serxaiit 

[July  3(tth,  1081.]  Ph.  Carteret. 


Sir  '/nliii     Wi  r<l<ii    fit  S-'ir   All<n    A^'xI'^J.    Kn'njhi. 

[Fioni"Ne\v  York  Uolciiial   OocutneDts,  "  \"<)!.   I  If.,  p. -Jl'l.  | 

Ediid)urgh  S  Aug'''  (81) 
Sir  \_Ki't /■<((■(.]  J  send  you  here  inclosed  (by  the  Dukes 
co'mand)  a  coi)y  of  a  I're  w'**  1  rec''  on  last  Saturday  night 
late  (w'-''  the  Duke  hath  seene)  as  alsoe  the  inclosed  from 
y^  Duke  for  Lieuten*^  P)rockliolls.  h\  case  you  (\v"'  L** 
Hyde  and  Co":  Ligge  and  w"'  else  you  ])lease,  but  especially 


354  NKW  .));rsp;v  cor.tiM.M,  doci'mknts.  [1681 

v''  Diikrs  ('i)inict'll  <>r  other  able  adxico  in  Law)  >liall 
approve  of  its  heiiii;-  sciit,  and  then  it  is  ti»  he  dispatelied 
away  by  tlie  rirst  o]>p<>rtunity.  IJut  if  yon  tliinke  it  not 
titt  to  he  st'ur.  then  the  l)iike  ex]»ect8  you  shouhl  assoone 
as  possihle  send  liiui  all  yo'"  opinions,  w'  is  titt  fur  liini  to 
doe  in  tliis  matter,  ^'on  may  rememher  liow  often  you 
liaxc  lii'ard  w^  the  eonse(juences  would  he  of  y'' lati'  I'eleases 
to  v'  (Quakers  and  S!  (tco.  Carterett  of  New  Jersey,  viz' 
the  eertaine  losse  of  tlie  trade  and  revenne  of  New  Yorke. 
and  (tliontih  at  p'sent  y"  h»sse  seenies  a  little  hastened  hy 
the  oversii;-ht  of  tlie  Offic''  of  the  Customes  or  scrui>les  of 
v''  Lieuten'  there)  I  believe  you  will  find  y''  inconvenience 
could  not  he  loni;-  prevented.  J-'oi'  ^up])osein^•  it  to  hi'  in 
y*^  Dnkes  power  hn\  fully  to  impose  Customes  for  the 
future  (w''''  in  (omplyancc  to  S'  W'"  dones  his  opinion.  1 
heirin  to  doubt)  as  not  lia\-einu-  any  sti-onu-er  rea>on;-  to 
believe  it  now  then  those  w'''  he  ovei'rule(l  ;  yet  it  is  most 
proi)ahle  if  the  Duke  doe  make  use  of  y'  legall  authority, 
it  will  in  a  short  time  Ik-  of  noe  othei-  effect  y"  to  mine 
New  Voi-ke  h\-  dri\eini;'  all  the  inhabitants  tVom  thence, 
only  crosse  y''  I'iver  to  New  Jersey  where  they  may  trade 
freely  witbont  beini;.  lyable  to  any  such  puhli(|ue  i)aym" 

I  am  cV'c 

ToS'-Ai.LKN  Ai-si.i:v  Kii'  Trea'rand  Rec'Gen"t<.  his  K"  H^' 


/*/■(/(■(  r  (//'// 7.S-     of    ihi       (iol'i  riior     ilml      ('nllnnl,     iDtil     f/it, 

.  1  N.s,  nihil/  i>t  -^  '  "'  '•/'/'•'>■'  //• 

;l'niiii  ■   XfW  VoiK   »'i(]i>iii;i)    Oiirimu'iils."   Vol.   III..   \i.   v'!M.  | 

A  ('o|>l>y  <d'  the  Proceedinu-s  of  the  Govenio''  Councell  and 
Assembly  att  a  Court  held  att  Elizabeth  Towne  in 
New  .\cv>vy  fn. Ill  Octo'the  l!*'"  to  Kovi'iiiber  '2'^  KiSl. 

AVee  the  Kepre.-^i'iitati ves  desire  to  bee  informed  whether 
wee  are  to  look  upon  the  late  Crant  from  the  Duke  to  the 
I'roprietors  as  the  hoiindacoii  of  our  ( h.x  I'lMim'  ( >ctoh'  the 
l'.»"'  Itisi  S.\m"-    I)i;nm>('1.  to  the  \)ci>'" 


1681]  GOVERNOR,    COUNCIL    AND    ASSEMBLY.  355 

The  Answer. 

The  Fattent  from  the  Duke  of  Yorke  to  the  Proprieto" 
upon  which  o""  Concessions  are  grounded  setts  forth  the 
foundacon  of  our  Governni'  as  you  haue  been  conlirined 
und""  his  Mat'^*^  owne  hand  and  wee  well  hoped  tluit  none 
of  the  seed  sowne  bj  S'.'  Edniond  Andross  had  taken  soe 
deep  a  roote  as  that  any  of  the  Dep'*  of  this  Province 
should  att  this  time  (juestion  the  foundacon  of  o""  Governni^ 
unlesse  they  would  improue  their  snuiU  Tallant  to  Justilie 
S'  Edmond  Andross  his  acc'ons  wherefore  we  desire  in  the 
prosecution  of  yo'"  Dutyes  that  you  would  fall  upon  some- 
thing that  may  be  for  the  good  of  the  Province 

By  order  of  the  Governo'"  et  Councell  li)'"  Octob"'  IHSl 

Ja:  P)ollen  Sec!' 

A  true  copy  with  y"  originall  by  me 

Sam'^.^  Dennis  Cler.  to  the  De})uties. 


To  the  Deputies 

In  answer  to  yo'  Reply.  In  soe  much  as  you  have  dis- 
puted the  basis  and  foundacon  of  our  Governm',  we  think 
itt  convenient  to  haue  a  connnittee  a^^pointed  of  3  or  I  of 
this  house  and  as  many  of  yo'**  to  debate  and  remove  these 
Scruples  whereby  there  nuiv  be  a  good  understanding 
between  us.     I'o  be  this  nfternoon. 

By  Ord''  of  the  Governo''  ct  (^o" 

Octob''  20.  1H81  J  a:   Bollen  Sec'' 

October  the  20"'  IHSl  A  Committee  appointed  by  the 
House  of  Debate  the  matter  relateing  to  the  aboue  written 
as  namely  Cap'  John  Bowne  Speaker  of  the  house,  Mr 
Tho:  Johnson,  M'.'  Edward  Slaughter,  M''  John  Elsl)y, 
Jiesolixd  that  the  Concessions  graunted  by  the  Lord  John 
Berkly  and  S''  George  Carterett  Bareing  Date  the  1(»'*'  tfeb 
1664  to  all  such  persons  as  are  or  shall  become  ffreehold'''' 
in  the  Province  of  New  Jersey  is  to  be  taken  according  to 
the  Letter  w**'out  any  Interpretacon  whatsoever 

Octob''  L>0*"  1(581  Sam'^'^  Dennis  C  to  the  Dej)'^ 


3o6  NP:W    JKR8KY    COI.ONIAr,    IXKTMKNTS.  [1681 

A   RejtU    to   all    Answer  of  a    (^)ii('it'   iiiadc    1)\    tins 
lioiise  to   tile  ( iox  ciiio'  and  ('oiiiiccll 

Wee  intended  no  more  than  a  lii^^ht  I'nderstandiuii:  as 
necessary  to  a  Right  Proeeedinu'  what  cause  or  snspition 
to  tlie  Contrary  we  know  not.  AV'ee  hoped  those  scruplo 
had  l)e('ii  reinove<l  the  Last  meeting  therefore  (k'sire  all 
Ketlecting  Kx]iressi(»ns  may  he  forhonie  as  not  tending  ti> 
Peace.     Octol/  -id'"  H)S1 

Sam'-''  Dennis  (  '  to  y*  Dep''* 

To  the  I  )oj»uties 

In  answ''  t(»  yo*^  l»ill  of  the  2(1''^  Instant  wee  Desire  to  bee 
informe«l  what  Misinter])retac*ons  wee  haue  juitt  upon  all 
or  any  parte  of  the  Concessions  granted  hy  the  Lord 
Harkly  and  S'  (icorge  Cartt'rctt  OcIoIkt  the  -JT'  ItlM 

r>v  ord''  .Ia.    I>or.i,K.\  Sec. 


Wee  the  lu>]nt'sentatiues  of  the  Inhabitants  of  this 
Province  being  Informed  of  the  many  Encroaclim'"  made 
upon  tlie  Concessions  bareing  Date  !(•  tfeb  l<>t't4  by  Liter- 
pretac'oiis  Contrary  to  the  Litterall  Senceof  the  same  tend- 
ing to  the  snb\ersi<»n  <»f  the  Priviletlges  of  the  Inhabitants 
nrir)re  Ksjietially  a  (\'rtaine  Pa|H'r  called  A  Declaracon  of 
the  true  Intent  and  Meaneiiig  of  us  the  Loi'd>  I'ro])i-ietors 
and  E.\j)lanac"ou  of  their  Concessions  made  to  the  Adven- 
turers and  Phinters  of  Xew  Ca'sarea,  or  New  Jersey. 
Dated  the  6"'  Decemb'  lti72  and  prett'iided  to  l)e  signed 
by  ,Iohn  Lord  Uarkely  and  S'  (reorge  (.'arterctt. 

/,'i  snh'nl  \\\\\i  the  said  Paper  is  a  Preacii  of  the  Conces- 
sions ujider  tlie  Pretence  of  w'''  certaine  persons  have  |>re- 
sumcd  to  Act  to  the  greate  itrejiidicc  of  the  Inliabitants 
here  setth'd.      iM  "'  Octob''  If.M 

Sam"-    Dkn.ms  CI.  to  the  Dep' 


F..1-   the    I)e|)"^   21    Octo'    KiM 

To  yo'*  of  this  Instant,     tliis  signifies  that  yon  haue  been 
Informed  of  many  Encroaehm'^  ma<le   upon  o'  Concessions 


1681]  (iOVERNOR,    COUNf'TL    AXT)    ASSEMBLY.  357 

l^y  a  Certain  Papei'  pretended  to  be  signed  by  Lord  .jolni 
Berkley  and  S'"  George  Carterett.  Tii  ease  any  snoli  En- 
croachni^'*  be  made  n])on  our  Coiict'ssions  by  virtue  ot"  a 
Paper  pretended  to  be  signed  us  alxiuesaid  wee  Desire  to 
l)e  fully  informed  thereof  l)otli  as  t<»  the  Kncroaflnu^  and 
the  persons  tliat  have  Enci'oached 

PiX  the  Oi-d'.'  of  tlic  Counccll  Ja.  I'oij.kn  Se(\ 

The   House  Adjourned  'till  22"'  Octol)'"  to  Eight   of  the 
■('h.cke.     OctolV  22'"  :itt  Eio-lit  of  the  ( 'locke  the  liouse  niett. 


To  ()'  hoiio''  (^ovenio'  and  his   C\»iiiicell   Octd)'  22^'' 

1681 
In  answer  to  yo''  last  of  the  21*"  of  Ootob.  KlSl  in  ordei- 
to  giuing  you  a  full  understanding  of  the  Matter  in  Debate 
wee  desire  a  Committee  may  l)e  chosen  out  of  both  houses 
4  or  5  of  each  to  meete  either  this  Present  Instant  oi-  Mun- 
day  next  as  you  shall  see  Best 

Sam^i-  Dexxis  CI.  to  }■'■  Dep"^ 


Foi-  fhe  Deputies  22  Octob'   1681 
In  answer  to  yo'**  of  this  Instant  wee  doe  appoint  Mon- 
day next  Betweene  11  or  12  oi'  CMock  to  Debate  the  Mat- 
ter in  Controverse}'  l»etweene  H  oi-  4  of  the  memb'"  of  Each 
house 

Wee  haue  adjourned  o'  meeting  till  tlie  time  abouesaid 
By  Ord'  of  y*"  CTCtverno'  and  Couneell 

J  A.    BoLi.EN  Sec. 


This  house  desolved  into  a  Conniiittie  to  Debate  the 
matt'*'  above  expressed,  the  Committie  are  namely  Cap' 
John  Bowne  Speaker  uf  tiie  house  M'  Tho  Johnson,  M' 
Edward  Slater,  M'  John  Curtis, 

This  house  Adjoui-ned   to  tuesday  25*''  Odob'' 

Tuesday  spent  in  debates  betweene  the  Committie  and 
Obteyneing  a  Coppy  ot  Directions  Instructions  and  Ord''  &c 


358  NEW    .lEKSKY    CoI.oNIAI.    Imm  IMENTS.  [1681 

AVce  tlie  ReprescMitatiues  liaiK-iiii;  j»eriise<i  and  well 
wei<i^litMl  the  Directions,  Instructions  and  Ord"^  of  the  Lord 
Proprietors  in  order  to  a  Declaracon  Ity  him  made  of  the 
trne  Intent  and  meaninii:  and  in  Kxjilanac'on  of  severall 
articles  of  the  Concessions  formerly  made  by  him  and  tlie 
Lord  P.arkely  l)areins:  Date  tlie  lt>*"  tfeb  ItUU  doe  tinde  that 
they  are  in  many  ])ai"tes  cunti'adictory  to  the  said  Conces- 
sions and  Prejudiciall  t(»  the  Powit  and  Priuiledtfes  of  the 
(Teiiei'all  Assembly  and  jjcople.  We  doe  therefore  desire 
and  Expect  that  the  sanii*  may  be  made  voyd  and  of  none 

effect     Octob^  i>7.  l^iM 

Sam"-"-   Dennis  CI.  t..  y"  i)«'p'" 


To  the  li..use  of    Dep^^'-MK-tol.'  -27"'  1081. 

In  yo''"  of  Even  Date  yon  signitie  that  you  base  well 
Aveiuhed  the  Insti'um'  of  Directions.  Instructions  and  Ord"^ 
of  the  J>ord  Proi>rietors  as  alsoe  a  Declaracon  of  the  true 
Intent  and  meaneing.  and  an  Explanac'on  of  severall  articles 
of  the  (.Concessions  formerly  made  1)y  John  Lord  Berkly 
and  S!"  George  Carteret  l)areing  date  the  10"'  ffeb.  1064 
further  adding  that  you  finde  they  are  in  many  partes  con- 
tradictoi-y  to  the  said  Concessions  and  Prejudiciall  to  the 
Power  and  Priviledge  of  tlie  Generall  Assembly  for  An- 
swei"  wee  well  know  that  the  (ienerall  Assembly  doth  not 
consist  of  you  the  Dej)'"''  alone  wisdome  is  Justified  of  her 
Children  and  tcacheth  men  whei-ein  they  stand  distinct  to 
anwei-  for  themselves  aiid  iiot  for  the  whole,  you  further 
add  that  you  desire  and  expect  that  the  boddy  of  the  said 
lustrum'  should  be  nuide  void  as  you  have  had  the  benelitt 
of  reading  as  well  as  weighing  (^as  you  say)  the  said  Instru- 
ment. If  you  had  alsoe  had  the  Benefittof  understanding, 
you  would  neithei-  have  desiivd  noi-  Expected  the  same  to 
be  made  voyd. 

By  ( )rd'  of  the  Govcrno""  and  (ouncell 

J  A.  Boi.i.EX.  Sec. 

Adjourned  to  ffiyday  l^s'"  (  K-lob'  att  Eight  a  Clock 


1681  I  ("rOVERNoK,    COUXCIL    ANt)    ASSEMBLY.  H5!> 

That  Whekeas  wee  the  Representatives  now  assembled 
liaveiniJ^  made  o""  applicac'on  to  tlic  Governo''  and  Conneell 
tor  the  Al)oh'sliino-  of  an  Insri-um'  of  \vi'iteini»;  Endeavoured 
to  l)e  obtruded  ujioii  tlie  Inlialiitants  of  this  Province 
intituled  Directions,  Instructions  and  Ord'"*  of  the  Loi'd 
Proprietors  in  order  to  a  Dechirac'on  bv  lu'm  made  of  thc> 
ti'ue  Intent  and  meaneiiiu'  and  an  Explenac'on  of  severall 
Ai'ticles  of  the  Concessions  made  bv  the  Lord  Jolin  Barkely 
and  8!"  George  Carterett  l)areing  date  tlie  10^'^  day  of  ftVIt 
ir>61:.  Wee  haueing  maturely  and  Dilligentlj  Exaniinctl 
the  same  doe  tinde  them  in  man}-  partes  contradictory  to 
the  said  Concessions  abating  the  power  of  the  Assembly 
and  by  that  meanes  infringing  the  fEreedomes  and  Privi- 
1  edges  of  the  People  the  Governo''  and  Conn  cell  instead  of 
Keturning  a  positive  Answer  thereunto  doe  reflect  upon 
the  Ability  and  understanding  of  the  Deputies  and  thereby 
implicitly  Denyed  the  same.  Wee  are  therefore  IS^ecessi- 
tated  in  pursuance  of  the  trust  reposed  in  us  to  make  this 
o"'  Protestac'on  against  the  said  Directions  Instructions  tl'c 
and  Doe  hereby  declare  the  Inhabitants  of  tliis  Pro\incc 
not  obliged  to  conforme  y "'selves  thereunto. 

Octol/ 1>S'MP)S1  "  Sam.  Dennis  CI.  Dep^.' 


To  tlie  hou^^e  of  Dej)^.*' 

Acc<t]"ding  to  the  10^''  article  in  the  Power  granted  to 
the  Generall  Assembly  by  the  Concessions  and  to  the  end 
no  Encroachm^  or  Contradicc'on  maybe  putt  upon  tht-  said 
Concessions  wee  doe  liereby  minde  you  what  the  said 
Concessions  require  (to  wit)  that  Pi-ovision  be  made  for  a 
Competent  snpply  foi-  the  Maintainance  of  the  Govern'' 
and  (Tovernml  and  the  paymf  of  the  Lord  Propi'ietoi'S 
Quitt  Rent  that  are  in  An-eai-es  and  unj^aid  as  by  a  Paper 
formerly  sent  you  bv  the  Secretary  and  not  answered  noi' 
yet  no  returne  of  the  Petic'on  Exhibited  by  the  Iidiabil- 
ants  of  Bergen  it  is  Desired  that  some  s})eedy  Course  may 
be  taken  by  answering  the  premisses  Avith  Effect 

Bv  ord''  of  the  Governo''  A:  (,'oun"       J  as.  Boelen,  Sec 


JlfiC  NKW"    .IKK'SKV    (  ( )[,( i.M  A  I.     I  >(  >(   I M  K.NIS.  [  1  ♦;>  1 

'I'..     tli<'     l)('|Mlti('s    -J'.l     Octol.'     lt;^l 

111  ^  (>iir>  lit' rlic 'J"^"'  ('iirraiit  voii  ik'.sirc  td  Itc  iiit'i)niit,'(J 
of  tlu'  uiitttAT  t(i  lit'  l)('liattMl  on  for  aii>\V('r  the  designe  i»f 
the  iiitiMided  (h'batt'  is  tliat  if  j)ossiI)ie  wliatsocviM-  obstructs 
till'  a(!con)plisliini'iit  of  tlic  Well  Settling  the  Aflaires  of 
this  |ii'(i\  iiicc  may  lie  Ki'IiiovimI  Iiv  a  Debate  of  the  (ieiu*- 
rall  A>>eiiil»l\       \\\  ord'  of  the  (io\t'i'no'  and   Coiiiu-ell 

J  A.    IJoi.i.KX  Sec. 


To  the  Ci(»veii()''  ai!<l  Coiiii" 

AVee  cannot  I\'rce\e  hy  yo'""  Ditto  the  matter  to  he 
Debated  on  Tlieii'toin'  Doire  to  know  the  I'articulers  : 
Octob:  1^11.  If.sl  Sam'-'-  DkxNms  CI.  Deji"' 

'J'o  the  Deputies  L>il"'  ()et(d)'-  JCS] 

In  yo'''  of  Even  Dati'  you  desire  to  know  the  ])ertieiilers 
inteiide(l  to  be  J)ebated  in  a  ( 'ommitte  ot' the  whole  (Ten- 
erall  Assemlily  liad  there  been  only  perticulers  to  liaue 
been  debated  a  ('oinitte  of  less  mnnber  then  the  Avhole 
u-enei'all  asscmlily  minht  haue  been  sntticient  to  hane 
Debated  the  same  but  doiibtlesse  the  genei-all  Concernes  i>f 
the  whole  Province  (as  is  fully  submitted  to  you  \u  our 
last)  Kequ ires  a  Debate  of  the  Generall  Assembly  and  to 
the  Knd  wee  must  stand  cleare  from  the  (Jiiilt  and  Imj»uta- 
c"on  of  others  offences  wee  desire  that  a  generall  Deliate  of 
the  wh-iK-  Assembly  may  be  forthwith  had. 
I!y  <  )rd'df  the  (  bivei'lio'  iV-  Couiicell 

.1  A.    lioi.i.K.x  Sec. 


To  (he  Dej)'*-^   L>'.»"'  Oeto'   D^Sl 

A'o'"  of  the  2"'  ['2!»th  (]  Currant  v/ee  Receiiied,  for  answer 
Wf  undei-stand  by  the  T)"'  Artich'  In  the  Concessions  that 
the  Lord  Proprietors  did  reserve  unto  themselves  and  their 
heires  iV  full  and  also  late  |)ower  to  make  Interpretation 
or  Interpretac'ons,  Explaiiac'on  oi"  Kxplaiuic'onsand  Altera- 
c'on  of  the  seveiall  Articles  in  the  said   Concessions  aud 


IfiSl]  GOVERNOR,    rOT^NCIL    AND    ASSEMBLY.  o(U 

alsoe  to  issue  foi'tli  Directions  and  Iiistrucc'ons  to  be  |)iitt 
ill  Execue'on  att  pleasure  and  yett  noe  Abateui^  of  tlie 
I.egall  Power  granted  to  the  generall  Assembly  nor  intVing- 
ing  of  the  Liberty  and  Pi-iyiledge  of  the  people  as  is  ignor 
antly  alleadged  for  that  >yhere  a  graunt  is  made  under 
Limitae'on  and  proyiso  what  is  thereby  restrained  is  abs(»- 
lutely  Reyersed  to  the  said  Proprietors  and  tlieire  heires 
cf  and  that  theire  is  sueli  a  Liniitac'on  and  Proyiso  in  the 
said  C'Oneessions  or  (Irant  it  will  plainly  appeai'e  Iw  the 
said  6'.''  Article  Relae'on  thereunto  being  had,  and  it  is 
matter  of  lamentac'(»n  that  the  Representatiues  of  this 
Proyince  should  be  soe  shorte  sighted  that  they  cannot 
see  that  he  which  runnes  may  Read 

By  Ord''  of  tlie  (loverno"'  i."ic  Councell 

Ja.  PoiJ.EN  Sec 

I'o  the  (xoyei'iKV  ct  Couueell 

In  Answer  to  yo''  last  P'sented  from  yo''  Hono''*  of  Even 
date  that  the  fore  part  there  asserted  relateing  to  the  fi'" 
Article  is  soe  ft'arr  from  Reason  and  Justice  that  Iteing 
loath  to  declare  a  want  of  truth  wee  will  rather  conclude  n 
want  of  due  considerac'on  and  understanding  thereof,  and 
that  the  foresight  of  the  Inquisitors  and  Contrivers  of  this 
your  last  returne  did  want  a  true  prospeetiue  clearly  to 
perceiue  what  is  legally  to  be  concluded  for  the  propi-ie- 
tors  Interest  and  Common  Good  of  the  Inhabitants,  There- 
fore we  the  Deputies  foi"  the  Country  are  resolved  to 
abide  and  stand  by  the  Protest  already  presented,  and 
without  feare  hazard  the  menaces  o'"  members  mett  w"' 
from  your  house,  rather  then  betray  the  trust  reposed  in  us 
for  the  publi(jue  Sam''-  Dennis  CI.  to  the  Dep"" 

Octob'  29^"  1681 

To  tlie  Deputies  29*'^  Octol)"'  l(;sl 

About  12  of  the  clock  this  present  Day  two  of  yo'  mem- 
bers delivered  a  message  from  you  to  this  board,  to  witt, 
that  you  would  haue  us  appoint  a  time  and  place  for  the 


302  NKU     .IKKSKY    Cttl.o.MAI,    1  ><  >i  IMENTS.  |16Sl 

Cumeiiieiice  of  tlic  ( ifiicrall  Asst'iiildy  to  the  ciul  the 
wliole  iin'i^lit  1)0  dissolvi'd  into  a  ("oiniMittie  to  del»ate  tlie 
j»iil»li(]iR'  Affaires  of  tlii^,  Pi'ox  iiice  And  weo  i-ctiiiMU'd  tor 
answer  that  al>ont  two  of  the  clock  tliis  present  aftcnioont' 
wee  would  1k'  att  the  place  I'eady  to  provide  [proceed  ^| 
ii])<ni  the  intended  debate  and  your  said  nienihei's  })roniised 
ill  vo'  behalte  that  yon  should  ol)serue  the  time  and  place 
the  which  liatli  not  been  perfoi'iiied  liad  wee  men  to  doe 
withall  that  haue  regard  to  their  J^romisc  it  woidd  l»e  a 
ha|)j)inesse  both  to  us  and  the  l^rovince  yon  may  d»»e  well 
to  call  it  to  mind  that  as  you  have  the  shape  td"  men  you 
slK»uld  acknowledge  your  Error  and  doe  yourselues  and  the 
Contrivers  of  tlu'  Breach  of  tlie  said  ])romise  and  the  wh<»le 
Pi'ovince  soe  much  I'ight  as  to  doyne  in  a  Debate  to  be 
held  by  a  Committie  of  the  whole  (ienerall  Assembly  upon 
Munday  next  by  lo  a  Clock  of  the  same  day  to  the  end 
that  every  meml)er  of  the  (ienerall  Assendjly  may  see  with 
Ills  owiie  eyes  and  here  with  his  owne  Eares  the  things 
that  concerned  the  ])resent  bleeding  condicon  of  the  whole 
Province  to  Avhicli  time  wee  liane  adjouiMu^d. 
By  ( )rd'.'  of  the  Co\t'rno''  and  Councell 
Octol)""  the  op.'  1(>S1  d.\.   P.oM.Kx  See 


To  (lie  (lONcriio'  iS:  Couiicell. 

The  stoj)  intended  in  tlie  <;"'  Article  can  be  no  Pelative 
to  tlu'  antecedent  ffret'doiiis  and  Immunities  for  it  cannot 
in  reason  presuiiuMJ  that  the  (io\-erno'' ( 'ouiicell  and  Assem- 
bly (who  haue  ])0wer  t(»  make  such  stop  as  well  as  the 
proprietoi')  would  infrienge  the  powei-  of  them  AVhei-efore 
the  said  stoj)  or  Contradicc'on  can  be  a  relative  to  no  othei' 
then  the  persons  menc'oiied  in  the  said  article  with  retfer- 
ence  to  Dutchmen  thereby  to  prevent  too  many  of  them  to 
be  admitted  amongst  us  (>se\v  Voi-ke  (lovernm!  being  most 
settleil  by  tlieiiii  whereby  they  might  in  time  be  to  strong 
fur  the  Kiiglish  and  and  soe  ri'voit  fi-oiii  the  English  (tOV- 
ernm' 

Shoulil   the   .-to](  aforoaid    haue  relferenc-e  to  the  Itree- 


1681]  (iOVRKNOK,    COUNCIL    AND    ASSEMULY.  863 

domes  and  iiiimmiities  yet  it  eaunot  deprive  any  persoiirt 
of  tliese  ffreedomes  and  Inninities  that  wer  settled  before 
such  stop  was  made  and  soe  consecpiently  tliei'e  mnst  he 
two  Governo"^  one  for  sneli  as  eanie  before  such  stop  and 
another  for  those  that  came  after.  Be  all  this  granted  yett 
the  Dep"*^**  that  now  are  assembled  ai-e  appointed  by  tliose 
that  have  been  settled  before  snch  stop  came  and  therefore 
may  not  be  depriued  of  their  Ifi-eedomes  Arc.  The  Lords 
would  likely  nener  hane  had  a  thontj-ht  of  such  Contradie- 
c'on  of  themselves  had  it  not  been  a  l)ratt  begotten  in  New 
Jersey  sent  for  England  to  be  borne  and  Ketransported  to 
xN^ew  Jei'sey  to  be  fed  with  the  groanes  and  ( )j>pressions  of 
the  People  8am.    Dknnts  C'l  to  the  Eep^'*^* 


To  the  T)e])iities. 

This  is  to  remimleyoii  of  what  the  (Joncessions  enjoynes 
you  to  doe  and  you  are  desired  nott  to  omitt  doeing  what 
y^  Concessions  i-equii-es  to  be  done  as  in  the  tenth  article 
rehicon  tlierennto  being  had  by  act  to  make  Provision  for 
the  Governo'  and  Governiu*^  and  by  act  to  requii'e  every 
respectine  constable  in  his  constableree  to  collect,  gather 
and  receeve  the  Lord  Proprietors  Quitt  Rent,  and  pay  the 
same  to  the  Generall  Receiver  without  charge  to  the  said 
Lord  Proprietors  it  is  expected  that  you  should  comply 
with  the  said  10"'  Article  in  the  said  Concessions  or  forth- 
with shew  cause  to  this  Board  to  the  Contrary' 
By  ord'"  of  the  Governo''  &■  Councell 

J  a:  Boli.kn  CI. 


To  the  Govenio'  tV:  Coiiiicell. 

In  answer  to  yoni's  of  the  3P''  OctolV  it  is  the  Opinion 
of  this  house  that  wee  are  now  about  ours  and  the  Coun- 
tryes  businesse  every  thing  is  beautifull  in  his  season  this 
house  expects  that  those  Acts  already  before  you  sliould  be 
passed  and  returned  back  to  this  house.     Novemb.  L  1681 

Sam'-'-  Dennis  CI  to  Dep"" 


364  XKW  .ircRSKV  ('oidxrAi.  ihmimknts.  I  1*;81 

N(»\rinl)'  the  2:  ir.sl.  ('nine  in  |n,'i>i>n  ti)  tin-  luMise  of 
Dejmties  ass('inlili'<|  liv  tlic  ( ioviTiio"""  writt  tlatcil  11  ,Iulv 
If.sl  Caj)'  James  BoUen.  (  aj.'  lieiirv  (-^n-enland.  M'  Sam" 
Kdsall  ;  tlien  and  tliere  (  a])"^  llullcn  did  declare  tliat  he  the 
said  ]^)olleii  l>y  ord''  was  to  desiiv  yon  the  wliole  house  of 
Dej)^'*'"  Immediately  t(»  u'o  alionii-  with  him  the  said  J^xilleii 
to  the  Conneell  Uoaid. 

Cap'  Jiilm  r.owne  Speaker  to  the  house  of  J)eputies 
replyed  wee  desii-e  to  consider  of  it  a  little.  I'jxiu  said 
lieply  Cap'  Bolleu  Immediately  (h'clai'ed  he  liad  ord''  iVom 
(io\  erno'  and  Councell  to  deelai'e  this  Pretended  house  of 
l)e|)uties  l)e  Dissolved  and  you  are  herein'  Dissolved  aleso 
the  said  IJullen  declai'ed  he  had  ( )rder  to  leaue  with  the 
house  of  Deputies  a  Certaine  Pa])ei- which  accordingly  he 
the  said  ]»olleu  left  upon  the  Dej)''' Tahle  which  saiil  Pa])ei' 
next  ft'oUoweth  upon  Record. — 

Province  of  Kust   New  Jersey  To  the    De].'^  the  P'' 
of  X(.veinl)''  D>S1. 

By  the  Goveruo'  c'^:  Counct'll 

Vo''''  of  K\en  Date  lyes  hefore  us  wherein  you  assume  to 
yo'selues  the  title  of  the  u'cnerall  assembly,  the  truth  is 
if  you  were  all  pei'sons  (juallitied  for  Dej>"'*  yett  ti'ue  wis- 
dome  would  teach  you  better  manners  then  to  stile  \  <»''- 
selves  the  Generall  Assembly.  ])oubtlesse  there  was  no 
want  of  lirnoi'auee  and  J)isloyaltv  where  this  Bratt  had  its 
educac'on  insomuch  as  that  the  generall  assembly  consists 
of  the  (iovei'iio''  C.Mdincell  and  Deputies  ei'go  the  l)ej>uties 
no  generall  assend)ly,  it  was  hncifers  Pi'ide  that  ])Utt  hinj 
upon  s(>ttling  himselfe  where  God  never  intended  to  sett 
him  and  his  Pix'sumption  produced  or  was  forerunner  ol 
his  fall  ;  you  sett  yo'selues  where  the  Lawes  of  England 
iu»r  yett  the  Concessions  of  this  Pro\  ince  lu'ver  sett  iu)r 
intendi'd  to  sett  men  that  are  l»ut  in  jirivate  (^apacit}',  as 
uptui  P^xaminac'on  numy  of  you  will  j)roue  to  be;  to  the 
Point  t»f  (^ualliticacon  for  that  by  the  Law  of  England 
every  mann  (juallitie<l  to  Elect  (»r  to  be  Elected  must  sweare 


1681]  GOVERNOR,    COUNCIL    AND    ASSEMBLY.  365 

to  be  leagally  seized  of  an  Estate  in  tfee  of  fforty  shillings 
p'annum,  besides  reprisalls  in  the  same  Countey  where  he 
claimes  his  Priviledge  and  by  o'  (Joncessiocs  to  beleageally 
and  actnally  seised  of  a  freehold  Estate  by  virtne  of  a 
Pattent  from  tlie  Lord  Proprieto'"'*  and  the  same  recorded 
in  the  Secretarye's  otiice,  and  some  of  yon  luiue  confessed 
and  it  will  apj)eare  that  theire  are  some  })ersons  amongst 
yon  not  Qnallitied  accordingly  and  therefore  bntt  men  in 
prinate  capacity  and  not  the  men  intended  by  the  writt  of 
snmons.  But  wee  being  in  a  measure  unactjuaiiited  with 
yo''  Present  (^uallificac'ons  which  now  upon  eiKpiiry  is  made 
too  apparent  unto  us  haue  Exchanged  some  notes  with  vou 
and  in  your  last  sent  tons  you  say  that  you  canuott  atiswer 
ours  wherein  wee  put  you  in  minde  of  what  the  10"^*^ 
Article  in  the  Concessions  enjoyned  you  to  doe  but  say 
you  are  about  yo""  owne  businesse  and  the  Contryes,  vou 
pretend  to  be  men  in  Publick  Places  butt  declare  in  plain 
words  you  are  first  for  yo""  private  End  and  then  for  the 
Contryes.  Private  Spiritts  in  men  in  publique  emplov"" 
are  the  Jewels  that  addorne  yo""  brests  as  is  uiid''  the  liand 
of  the  Clarke  of  the  pretended  Gen"  Assemblv.  Everv 
thing  being  beautifull  in  its  season  and  soe  we  bid  vou 
f  aire  well 

Py  Ord'  James  Boli.en  Sec 

I'pon  the  pretended  Resolution  of  the  House  of  Depu- 
ties by  Cap'  Pollen  sitting  at  Elizabeth  Towne  Novemb'' 
the  2^''  1681 

The  House  of  Dei)uties,  with  one  Consent  did  [)rotest 
against  the  said  Disolution  as  being  contrary  to  the  Con- 
cessions and  an  Innovac'on  of  the  Governm!  Protest  was 
Immediately  made  by  ord''  (.f  the  liouse 

Sam'"-  Dennis  Gierke 

A  true  Co])py  with  the  Originall, 

Endorsed  Proceedings  of  the  (4overnor  Councell  and 
Assembly  att  Elizabeth  Towne  in  New  Jersey  from  v** 
W  Octob''  to  y''  2"  Noveml/  KJSl 


36f>  NKW    JERSEY   COLONIAL    DOCUMENTS.  [1682 


lACise  fniiii  Kl'izdhrtJi^  W'nloir  <>f  Sir  (icoi'ge  Carteret,  and 
IJix  Trnsli)  K,  1()  till  I' list  1 II',  I  r<  Pri)j>rii  ti>rs  of  Knst 
.li  /■f<i  I/. 

I  Kiom  Oii^iiiiil  in  Liliiiiiv  "I  Nfw  .Jersey  Histoiiial  Society.  I 

(Thi.^  ^lUdCUtint  made  tlu'  tlii-st  (lay  of  irchriiary  in  the 
ffoiir  and  Thirtieth  ycari*  of  the  Kaigne  of  our  ISoveraign 
Liinl  Charles  the  second  hy  the  Grace  of  (-rod  of  P^iigland 
ScotUuid  fFraiice  and  Irehmd  Kino-  Defender  of  the  Ifaith 
tVrc  Aniu»(|  Domini  16S1  »  Between  the  Kiirht  Jlun"!'' 
Dame  Kli/.al»eth  Cai'teret  the  Relict  and  sole  Execntrix  of 
the  last  Will  and  Testament  of  the  liiglit  Hono"'''  Si" 
George  Carteret  Knight  and  lUiron!  Deceased,  tlie  Right 
Ilono"!'"  John  Earl  of  Bath,  the  Right  Hono"!'^  Thomas 
Lord  Crew  Baron  Crew  of  Steane.  the  Ilono''!*"  Bernard 
Greenvile  Esq!'  Brother  to  the  said  Earl  of  Bath,  the 
Hono")"'  S!-  Robert  Atkins  Knight  of  the  Bath,  the  Ilono"!* 
S'  Edward  Atkyns  Knight,  one  of  the  Barons  of  his  Ma"** 
Court  of  Ex('hee<|ner.  Th(»mas  Boeuck  of  the  parish  of 
S'  Andrews  llolboi'iie  in  tlie  Connty  of  Middx  Gentl.  and 
Tiiomas  Cremer  of  the  same,  Gentl,  of  the  one  part  ..Viid 
AVilliam  Benn  of  Woi'minghnrst  in  the  Connty  of  Snssex 
Es*]""  Rohi'rt  AV^est  of  tlie  Midle  IV'niple  hoiidun  l->sip". 
Tiionnis  Budyard  of  London  (ientl.  Samuel  (iroome  of  the 
parish  of  Stepney  in  tlie  ( "ounty  of  Middx  Mariner.  Thomas 
Hart  of  Enfeihl  in  the  said  County  of  Mi(hi\  Mei"chant, 
Richard  Mew  of  Stepney  atoi'esaid  Merchant.  Thomas  Wil- 
cox of  J.ondon  (icjldsmifh.  Ambrose  Rigg  of  (iatton  place 
in  the  County  of  Surry  Gentl,  Thomas  Ileywood  Cittizen 
and  Skinnei'  of  London.  Hugh  llartsh(»rne  Cittizen  and 
Skinner  of  London,  Clement  Blnmsteed  Cittizen  and 
Draper  of  London,  and  Thomas  Cooper  (Jittizen  and  Mer- 
chant-Taylor of  London  of   the  other  part  Witiiesseth, 

1   iiif-i  'i. 


1682]  THE  FIRST  TWELVE  PROPKIETORs'   LEASE.  867 

That  the  said  Earl  of  Batli.  Lord  Crew,  Bernard  (4reen- 
vill,  S';  Robert  Atkyns  and  S'.'  Edward  Atkjns  by  and  witli 
the  Consent  and  direction  of  the  said  Dame  Elizabeth 
Carteret  Testified  by  her  being  a  party  to  these  presents, 
and  signing  and  Sealing  the  same,  And  the  said  Thomas 
Pocock  and  Thomas  Cremer  ])y  and  with  the  Consent  and 
direction  of  the  said  Dame  Elizabeth  Carteret,  John  Earl 
of  Bath,  Thomas  Lord  Crew,  Bernard  C-ri-eenvile,  S!'  Robert 
Atkyns  and  S""  Edward  Atkyns  testifyed,  as  aforesaid  ffor 
and  in  Considerc'on  of  the  siinre  of  live  shillings  of  law- 
full  money  of  England  to  them  some  or  one  of  them,  in 
hand  paid  by  the  said  AVilliam  Penn,  Robert  West, 
Thomas  Rudyard,  Samnel  Groome,  Thomas  Hart,  Rich- 
ard Mew,  Thomas  Wilcox,  Ambrose  Rigg,  John  Pley- 
wood,  Hugh  Hartshorne,  Clement  Plumsteed  and  Thomas 
Cooper  at  and  before  the  sealeing  and  Delivery  of  these 
presents  the  recei))t  whereof  thev  doe  hereby  acknowledge. 
Have  Gi'anted,  Bargained  and  sould,  and  by  these  jjres. 
ents  do  Grant,  Bargain  and  Sell  to  the  said  William  Penn, 
Robert  West,  Thomas  Rudyard,  Saranell  Groome,  Thomas 
Hart,  Richard  Mew,  Thomas  Wilcox,  Ambrose  Rigg ; 
John  Ileywood,  Hugh  Haitshorne,  Clement  Plumsteed 
and  Thomas  Cooper  All  that  P^asternly  part  share  and 
porc'on,  and  all  those  Easteridy  parts,  shares  and  porc'ons 
of  all  that  whole  and  Entire  Tract  of  Land  in  America 
heretofore  called  New  Ca:>sarea  or  New  Jersey  Extending 
F^astward  and  Northward  along  the  sea  Coasts  and  a  Cer- 
tain River  called  llndsons  River  trom  the  East  side  of  a 
certain  place  or  Harboui'  lying  on  the  southerne  part  of 
the  same  Tract  of  Land  [and  com'only  called  or  Known  in 
a  Mapp  of  the  said  Tract  of  Land  ^  |  by  the  name  of  l^ittle 
Egg  Harbour  to  that  part  of  the  said  River  called  Hud- 
son's River,  which  is  in  Iforty  one  Degrees  of  Latitude, 
])eing  the  Iturthermost  j)art  of  the  said  Tract  of  Land  and 
premisses,  which  is  bounded  by  the  said  River  and  Cross- 
ing over  from  thence  in  a  Straight  Line  Extending  fi'ora 

1  The  words  between  the  brackets  interlined  in  the  original.    Ed. 


3fi8  NEW    .IKKSKV    (((r.OMAr.    IKMIMKNTS.  [16S2 

that  )>nrt  (if  Ilndsdiis  River  aforesaid  tn  the  Xorthennost 
P>riiiif'li  of  a  fertain  River  there  called  Delaware  River  and 
to  the  most  ^'ortherly  poviit  or  I'oundary  ot"  the  said 
i'.iitire  Tract  <>t"  Land  and  j)reiiii>ses  now  callcil  the  ni»i"th 
j):trtic"on  point,  and  fioni  the  said  north  [)artic'on  )t<»int 
Kxteiuh'ng  Sonthward  nnto  the  jnost  Sonthendy  l><»ynt 
l)v  a  Sti-ai^lir  and  (lii-cct  Line  di-awn  thi'uu<:-h  the  >aid 
Tract  ot'  [Land  from  the  said  north  partic'on  point  unto 
the  said  South  ])artic"on  ]>oint  called  the  Line  (d"  ])ar- 
tic'on,  I)i\i(linii-  the  said  Kasternly  jiart,  .-liare  and  porc'on 
fiiini  the  Westernly  pail  sliai'c  and  ))orc"ou  of  rh(^  saiil 
Tract  of  J.and,  and  all  and  every  tlie  Lsles,  i^hinds.  Rivers, 
Mines,  IMineralls,  AVoods,  ffishings  IIawkino;.s,  Huntings, 
tfowlings  and  all  other  Royalties,  (iovcrnments,  powers, 
(Torts,  ff ranch ises,  11  a I'l •ours,  profits,  (V>niodities  and  Ileri- 
♦  litaments  whatsoexer  unto  the  said  Eastei'uly  parts,  sliare 
and  [xirc'on.  [)arts,  shares  and  porc'ons  of  the  said  Tract 
of  Land  and  prennsses  Ijelonging  or  in  anywise  apper- 
taining with  their  and  every  of  their  ap])urtennc's.  And 
the  Re\'ercon  and  Revcrcons.  Remainder  auii  Remainders, 
Rents,  Issues,  and  profits  of  the  same,  and  (d'  every  part 
and  i)arcell  therecd',  Ai.i.  which  said  Kasteridy  ])art.  share 
an<l  porcoii.  pai'ts.  shares  and  |ioi-c"on>  are  called  l>y  the 
)iame  »»f  East  New  -L-rsey.  To  n.w  k  ano  lo  noi.o  tlie 
said  KasteiMdy  pai-t.  share  aii<l  p(,)rcon.  Kasteridy  j>arts, 
shares  and  porc'oiis  of  the  said  Tract  of  Land  and  now 
called  V.:\>t  New  deisey,  and  all  and  lingular  other  the 
premis.>es  herein  nieiic'oned  or  intended  to  hee  herehy  har- 
gained  and  >oul<l  with  their  and  every  of  tiieir  appur- 
tennc's  unto  the  said  William  Penn,  Robert  AVest,  Tlnunas 
Rudvaid  Samuell  (iroonu",  Thomas  Hart,  Richard  Mew, 
Thomas  AVilcox,  Ainl»ro>e  Rigu'.  dolin  lleywood.  Hugh 
1  laitshorne.  (Mi-nieut  IMumsti'edi'  and  Thomas  Oooi)er  their 
Executors,  adnnnistrators  and  assignes  from  the  day  m-xt 
hefore  the  date  (d'  these  presents  for  and  unto  the  full  end 
and  time  ot"  one  whole  \eare  tVom  thenci'  lu'xt  (•n>uinge 
and    fully    to    hee    compleate    and    ended.      ^  eildllig'   and 


1^82]  THE  FIRST  TWELVE  PROPRrETORs'  LEASE.  369 

paying  the  Rent  of  one  [)epper  Come  at  the  tteast  of  8': 
Michaell  the  Areli  Aiio-ell,  if  the  same  bee  lawfully  de- 
manded. To  the  intent  <S:  pnrpose,  that  by  virtue  of  these 
pn'tes  and  of  the  statute  for  transferring  uses  into  posses- 
sion tlie  said  William  Penn,  Robert  West,  Thomas  Rud- 
yard,  Samuell  Groome,  Thomas  Hai't,  Richard  Mew, 
Thomas  Wilcox,  Ambrose  Rigg,  John  Hey  wood,  Hugh 
Hartshorne,  Clement  Flumsteed,  and  Thomas  Cooper  may 
bee  in  the  actuall  possession  of  the  said  premisses  and  be 
thereby  enabled  to  accept  a  Grant  and  Release  of  the 
Rev^ersion  and  Inheritance  thereof  to  them  and  their 
Heires.  In  Witnes  whereof  the  said  j)arties  to  these  pres- 
ents have  to  these  present  Indentnres  interchangeably  Sett 
their  hands  and  Scales.  Dated  the  day  and  yeare  lirst 
above  written. 


Bathe,         Crewe  B  Grenville  Robert  Atkyns 

Edw.  Atkyns         Tho:  Pococke         Tho  Cremer. 

I  Oil  the  back.  J 

Sealed  and  Deliv'ed  by  the  within  named  Dame  Eliza- 
beth Carteret  the  Right  Hono"'^  the  Earl  of  Bath  the  Right 
Hono*"^  the  Lord  Crew  the  Hono*'"^  Bernard  Greenvile 
Esq-^  the  Hon''"^  S'.'  Edward  Atkyns  Kn',  Thomas  Pococke 
and  Thomas  Cremer  In  the  p''sence  of 

Geo  Macy 
Ste:   Melli(;hap 
Harb''  Springett  Jnn'' 
Ben:  Wetton 
Sealed  and    Delivei-ed    by   the   w"'in  named    Sr  Robert 
Atkyns  in  the  presence  of 

Anna  Dawson 
.John  Reynolds 
Efka:  Whtiham 
John  Dangerfeild. 


370  Ni:w  .rKRKp:Y  coi.omai.  ikx-umentp.  [1682 


J  >i  I  (I  from  Jii/iii    I'linrifk,    fa    W/IJiKnt    /*<  nit,    for  1 1  ((if  of 
y,  I'll'  Ji  r,sii/. 

IKioni  Uliffiiial  C'oiiii1(-rv:irl  in  tin    Xcw  .Icrscy  Histoiii'ii!  Society  I.iliiarv.) 

This  Inuentuke  madf  tliu  'i'wt'iitT  tliii-d  dav  of  tlie  tir^t 
Montli  Called  March,  in  y''  year  According  to  English 
account.  One  Thousand  Six  Hundred  Eighty  and  Two. 
Between  Jolm  Feiiiiwick  by  y*'  name  of  John  Feiin- 
Avicks  Escj'  of  Fennwicks  Colony,  in  New  Jersey  in 
America,  of  the  one  Pai't  ;  and  WiHiiiin  Penn  ProprieV 
&  Gavetn'oi  PtunKilcini'm,  and  the  Territories  thereof  of 
y*"  other  part  ;  AVitiiessetli  That  the  said  John  Fcnnwirk 
for  and  in  ( 'oiisidt'i'ation  of  y'"  Sum'e  of  Tenn  Sliiliings  to 
him  in  liand  before  the  Ensealing  and  Delivery  of  these 
Presents  by  y''  said  Wii/a/ni  Pi mt  well  A:  truely  contented 
and  paid,  whei'eof  y*^  said  Jolm  Fennwlch  doth  hereby 
Acknowledge  the  Receipt,  iV  thereof  tt  of  every  part 
thereof  doth  clearly  acquit  exonerate  and  discharge  y''  said 
William  Penn,  his  Heirs,  Executo"  and  Administrate,  and 
everj'  of  them  for  Ever  by  these  Presents :  And  for  divers 
other  good  causes,  weighty  and  Valuable  Considerations 
him  hereunto  moving  Hath  Given,  Granted,  Bargained 
Sold  Aliened  Released,  Enfeoffed  A:  Confirmed  and  by 
these  Presents  for  himselfe  his  Heirs  and  xVssignes  D(it?i 
Give  Grant  Bargain  Sell  Alien  Release  Enfeoffe  ct  Con- 
firme  untt>  y*'  said  William  Penn,  his  Heirs  &  Assignes 
for  Jivir,  all  and  Every  his  the  said  John  Pctinirirk  his 
Right  p]state  title  Interest  use  ])ossession  Claime  and 
demand  Reversion  Remainder  iV  Property  whatsoever 
which  he  y'"  said  John  Pe/unrir/,-  now  hath,  or  hath  had,  or 
may  at  any  time  or  times  hereafter  claime  to  have  of  in 
and  to  one  whoh'  undixided  lialfe  part  of  J\rir  Jerincy  in 
A'inerira  ;  J^ate  in  Copartnershij)j>  A:  .loynt  Ten'ancy  in 
Fee  &  ConTon  Soecage  with  *V  liiunji  (kirti'rrt  Baronei 
as    by    tk'cd    fi'oni    John    Lonl    liii'ldij    P>art>n    of    Strat- 


1682]  DEED  FROM  FENWICKE  TO  WM.   PENN.  371 

ton,  dated  in  March  one  Thousand  Six  Hundred  Seventy 
Three,  doth  and  may  appear,  and  also  All  his  y®  s"?  Johii 
Fenwlcl:  his  right  Estate  Title  Interest  Property  claime  & 
denaand  whatsoever,  by  Law  or  Equity  he  is  Intituled  unto 
b3'  virtue  of  his  Survivourshipp  or  may  at  any  time  or 
times  hereafter  claime  to  have,  of,  in  <k  to  y*'  Tenn  Equall 
parts  of  y^  whole  undivided  Halfe  menc'oned  in  a  Deed  of 
uses  by  him  made  to  William  Penn  Gawen  Lowry  & 
Nicolas  Lucas,  dated  in  February  one  Thousand  Six  hun- 
dred Seventy  four ;  {ExcejptiiKj  and  always  for  prized  out 
of  this  Grant  to  y*^  s*^  John  Fennwick  his  heirs  &  Assignes 
y*'  quantitv  of  one  Hundred  ^  fifty  Thousand  Acres  in 
that  Tract  of  Land  called  FennM'icks  Colony  being  part  c^ 
parcell  of  y®  af ores*^  Tenth  with  power  and  privilege  hence- 
forth to  hold  and  Keep  Courte  Leets  ct;  Court  Barons 
under  y*^  Governm'  of  y"r  s*?  Wdliaui  Penn  his  heirs  & 
Assignes  in  Such  part  thereof  where  he  hath  not  already 
granted  alienated  y''  power  of  so  doing  together  w**^  all  y"^ 
Rents  Issues  &  proltitts  thereof  in  Consideration  whereof 
y®  s*?  John  Fenw^ick  his  Heirs  &  Assignes  shall  pay  unto 
ye  gd  "William  Penn  his  Heirs  &  Assignes  yearly  for  ever 
Two  Buck  skins  on  y^  Twenty  ninth  day  of  September  in 
every  year  if  Lawfully  demanded)  together  with  all  Royal- 
ties powers  services  govern***  Jurisdictions  &  preheminen- 
ces  whatsoever  to  him  y®  s*'  John  Fennwick  in  Any  wise 
appertaining  by  virtue  of  all  or  any  deeds  afores'^,  &  all 
Pattents  Charters"  deeds  writings  evidences  escripts  and 
minin'*-  [('J  whatsoever  {Except  w^  perly  \_Cj  relates  to  y*^ 
before  excepted  &  forprised  Lands)  touching  or  concerning 
y'^  P'mises  or  any  part  or  parcell  of  them  To  Have  <fe  to 
Hold  all  &  Singular  y"'  P'mises  hereby  granted  bargained 
Aliened  released  Enfeoffed  &  Confirmed  w'*'  their  &,  every 
of  their  appurtinances  to  Him  y*^  s*?  AVilliam  Penn  his 
heirs  &  Assignes  tfc  to  y*^  only  proper  use  ct  behoofe  of 
him  y*^  s*^  William  Penn  his  heirs  &,  [Assignes^]  for  Ever 
except  as  before  is  excepted  And  y^-  said  John  Fennwick 
for  himselfe  his  heirs  Executo*""  cfe  Administrat"'*  doth  here- 


372  NKW    .IKKSKY    COl.nMAI,    IXM  TMKNTP.  [lfiS2 

l)_v  coMvoiiant  ^iMiit  and  a^^ivc  to  vV-  \v"'  y''  >'•  AVilliaiii  I'eiin 
liiR  heirs  A:  Assitrnes  That  lie  y*^  s*!  AVilliam  Pciin  his  heirs 
<fe  Assignee  shall  c^-  may  at  all  times  for  ever  hereafter 
j)eaceably  <k  »|iiietly  liave  hold  use  A:  enjoy  all  tV:  singular 
y*"  before  granted  p'"mises  with  y''  A|)urtenaiices  except 
[as  before?]  excepted  according  to  y''  true  intent  6c  mean- 
ing liereof  W'out  any  Let  suit  or  Trouble  w'soever  of 
and  by  y''  s^  Jolm  Fcnwick  his  lieirs  Kxecuf*'  .Vdminisf^  iV: 
Assignes  or  any  otlu-i-  person  or  pci'sons  whatsoever  Law- 
fully claiming  by  tVom  or  under  him  tiiem  or  any  of  them 
or  by  his  or  their  means  privity  Consent  or  procurem' 
And  y^  free  6z  Clear  or  fi-eely  A:  clearly  actpiitted  exhon- 
erated  A:  dischai-ged  by  y*  s'!  .lolin  Lennwick  his  heirs 
P^xecuf"  or  Administraf.''  of  and  from  all  manner  of  former 
<fe  other  gifts  grants  bargains  sales  leases  morgages  Joyn- 
tures  dowers  Judgem*.'*  execuc'ons  entails  and  generaley  of 
<te  from  all  other  Titles  Troubles  <fe  demands  w'soever 
except  w^  relates  to  y*^  before  excepted  premises  had  made 
com'itted  or  done  l)y  y'"  s4  .John  Fennwick  his  heirs  or 
Assignes  or  by  an3^  other  })erson  or  persons  whatsoever 
Lawfully  claiming  by  from  or  under  him  them  or  any  of 
them  And  y^  y*^  s*?  John  Fennwick  his  heirs  Execuf*  & 
Administrat'''  shall  and  will  from  time  to  time  or  at  any 
time  hereafter  at  y*^  reasonable  re(piest  cost  tV  Charges  of 
y®  s*  William  Penn  his  heirs  &  Assignes  do  make  ackn(»wl- 
edge  execute  &  suflei"  or  cause  t(»  W  made  acknowledged 
executed  suffered  Sz  d(»neali  S:  every  such  further  A"  other 
Lawfull  Act  acts  assurance  <S:  assurances  for  y*  further  A* 
better  assuring  &  conveying  of  all  his  y''  s'!  John  Penn- 
wicks  his  right  estate  title  Interest  property  claime  ife 
demand  what  soever  of  in  iVr  to  y"'  s*!  New  Jersey  tfe  of  all 
and  every  part  thereof  (except  as  before  excepted)  together 
w''.''  all  Royalties  j)owei-s  Services  goverimi'."  Jurisdictions  6z 
preheminences  whatsoever  tliereunto  belonging  unto  hiin 
y*  s*!  William  Penn  his  heirs  and  assignes  foi'  ever  in  as 
full  tV:  am])le  manner  as  he  y*'  s''  William  Penn  his  heirs 
or  Assignes    shall    reasonably   i'e(jnii'e    de\  isi-    or    demand 


1682] 


AGREEMENT    AS    TO    SURVIVORSHIP. 


In  AA'ittiiess  whei-eof  y'^  Tartys  ....  tirst  above 
mentioned  To  these  Present  Indeiitni-es  Interchangeably 
have  Sett  their  liands  ct"  Si>als  y''  (hiy  &  year  tii-st  al)0ve 
written 


[seal.] 


[Ou  the  baek.l 

■  Sealed  and  Delivered  in  the 
P'"sene  of  Tno:  Holme 

Philip  Th — — 
Sam'^''  Hedge 
John  Smith 


Sec>- 


Ayreeinent  of  the  Twelve  Pmprietors  of  Ead  'hrxey  as  to 
the  Benefit  of  ^Survivorship. 

fFrom  the  Original  in  the  Liltiary  o/'  the  New  Jersey  Historical  Society! 

The  Deed  to  prveiit  the  benefit  of  sui'vi\'"8hip  by 
the  Purchasers  of  East  New  Jersey 

EHi.S  KtttlCntUU  made  the  ffirst  Day  of  June  in  the 
ifour  and  Thirtieth  year  of  the  Kaigne  of  our  Soveraigne 
Lord  Charles  the  second  by  the  grace  of  God  of  England 
Scotland  if  ranee  and  Ireland  King  Defend""  of  the  Ifaith 
tfec  Annoq:  Domini  1682  ^ctii'ccii  William  Penn  of  War- 
minghurst  in  the  County  of  Sussex  Esq'.'  of  the  tirst  part 
Kobert  West  of  the  Middle  Temple  London  Es(|'.  of  the 
second  part  Tiiomas  Rudyard  t>f  London  Gent,  of  tiie 
Third  part  Samuell  Groom  of  the  parish  of  Stepney  in  the 
said  County  of  Midds\\  marriner  of  the  Ifourtii  part 
Thomas  Hart  of  Entield  in   the  said  Countv  of  Midds'x, 


374  NKW  .t?:rsky  foi.oNiAi.  norrMENr*.  [1682 

raerelit  of  tlie  Ihffli  ])ai't  liicliaid  ^few  of  Stopney  aforesaid 
nierclit  of  tlie  sixth  part  Thomas  Willcox  of  London  Gold- 
smith of  tlio  Seaventh  part  Amhi-ose  Kiiric  <*f  (ratton  place 
in  the  (Jounty  of  Snn-ey  Gcnrlciiiaii  of  tlie  p]i(^hth  part 
John  Ileywood  Citti/ceii  and  Skinner  of  London  of  the 
Ninth  part  llni2,h  ILirtshorn  Cittizen  and  Skinner  of  Lon- 
don of  the  Tenth  part  Clement  Plnmsteed  Cittizen  and 
Draper  of  London  of  the  Eleventh  part  and  Thomas 
Cooper  ('ittizen  and  merehant-tayht''  of  London  of  the 
Twelfth  part  ^i'hfvcasi  the  said  William  Penn  Kohert 
West  Thomas  Rndyard  Samnell  Groom  Thomas  Hart 
Richard  Mew  Thomas  Willcox  Ambrose  Rio-nr  John  Iley- 
wood Hugh  Hartshorn  Clement  Plnmsteed  and  Thomas 
Cooper  have  lately  jiurchased  of  and  from  the  said  John 
Earl  of  Path  Thomas  Lord  Crew  Pernard  Greenvile  S'.' 
Pu)l)ert  Atkyno  Kn'  of  the  Path  and  S':  Edward  Atkyne 
Kn'  one  of  the  Parions  of  his  IMa^'.'*  Court  of  Excheq^ 
appointed  Trustees  by  the  last  AVill  of  S^  George  Carteret 
late  of  Saltram  in  the  County  of  Devon  Knl  and  Parr' 
Deceased  for  the  sale  of  Lands  for  the  payment  of  his 
Debts  and  Lemieies  and  of  and  from  'J'homas  Poeoek  of 
the  parish  of  S^  Andrews  11  olborne  in  the  County  of 
Midds'x  Gents,  and  Thomas  Cremer  of  the  same  place 
Gentleman  A  certain  Tract  of  Land  in  America  now  called 
East  New  Jersey  and  All  Isles  Islands  Rivers  Mines 
Mineralls  Woods  ffishings  Ilawlings  ILintings  ftowlings 
and  all  oth(,'r  Royalties  Governments  powers  fforts  ffran- 
chises  ILirbo""."  profitts  Com'odities  and  Hereditaments 
whatsoever  to  the  said  Tract  of  Land  belongijig  with  their 
and  every  of  their  Appuitan'ces  together  with  all  Arrears 
of  Rent  incurred  since  the  Death  of  the  said  S!"  George 
Carteret  Aiul  likewise  have  i)urchased  from  Dame  Eliza- 
beth Carteret  the  Pelict  and  Sole  Kxecutrix  of  the  said 
S'.'  (George  Carteret  All  Arrears  of  lient  incurred  and 
grown  Due  in  the  life  time  of  the  said  Sr  George  Carteret 
as  in  and  by  the  seveiall  Grants  from  the  said  Earl  of  Path 
Lord  Crew   Pernaid  Greenvile  S''  Rol)ert  Atkvne   S''  Ed- 


1682] 


agrep:mp:nt  as  to  suRrivoRSHiP. 


W 


ward  Atkyne  Thomas  Pocock  and  Thomas  Cremer  and 
from  the  said  Lady  Carteret  relation  being  therevnto  had 
It  doth  and  may  appear.  |Toiv  uitnc,«i5icth  this  Indenture 
that  it  is  hereby  Declared  and  agi-eed  by  all  and  eu'"y  the 
said  parties  to  these  p'sents  that  the  moneys  paid  for  the 
said  purchase  of  the  said  Tract  of  Land  and  p'misses  and 
also  the  Arrears  of  Rent  were  paid  by  the  said  William 
Penn  Robert  West  Thomas  Rudyard  Samuell  Groom 
Thomas  Hart  Richard  Mew  Thomas  Willcox  Ambrose 
Rigg  John  Hey  wood  Hugh  Hartshorn  Clement  Plumsteed 
and  Thomas  Cooper  equally  and  in  equall  pportions  and 
that  the  said  purchase  was  made  and  intended  for  the 
equall  benefit  and  advantage  of  them  their  sen'all  Heires 
and  Assignes  in  Twelve  equall  parts  %\\i\,  therefore  It  is 
Cov''ented  Granted  concluded  and  agreed  by  and  between 
all  and  everj^  of  the  said  parties  that  there  shall  not  be  any 
benefitt  of  Surviv''shipp  amongst  the  said  parties  for  or 
concerning  all  or  any  of  tlie  said  p'misses  for  or  by  reason 
of  the  death  of  any  one  or  more  of  them  bnt  that  the 
Heires  or  Assignes  of  all  and  every  of  the  said  parties  soe 
Dyeing  shall  enjoy  the  share  and  portion  thereof  which 
the  said  severall  parties  now  haue  therein  ^tt  wititf.'Si.se 
whereof  the  parties  to  these  p''sents  interchangeably  have 
sett  their  hands  and  scales  the  Day  and  year  first  above 
written 


Wm  Penn 

[L.     S.] 


RoBT.  West 

[l.  s.l 


Tho    RfOYARD 

[L.    S.] 


Rich:  Mew 

[l.  s.] 


Ambrose  Rigg 

[L.    S.] 


Hdgh  Hartshorn 

1 1.,  s.l 


Samuel  Groom        Tho:  Hart 

[l.    S.]         '  |L.     S.] 


Tho:  Wii-lcox 

|_L.    S.] 


John  Heywood       Clem^  Plumsted       Tho:  Cooper 

[l.  s.]  [l.  s.]       *  [l.  S.J 


37*5  NEW    .IKRSEY    C(»I.<  >NI.\  I.    lUMTMEXTS.  [16S2 

[Oil  tbi.  Lack.] 

Sealed    and    delixeivd  SealiMl  and  Delivered   by 

l)y  tlie  within    named    Wil-      the    within    named    Robert 

liam     Penn     and     Aml)r()>e      West  Thomas  Kudyard  Sam- 

liigg  in  the  presence  of  nel    Grocm     liichard     Mew 

Harh'    SpRiNtiKTi  Thomas  Hart  Tiiumas  Wil- 

J.  iS  SwixToN  <'ox  Hugh  Hartshorne  John 

W^'   (.TiiisoN  Hey  wood     Clement     Plum- 

sted  and   Tliomas  (.'ooper  in 

the  presence  of 

W"  (tIBSON 

Edmund  J>arrinoton 
Harb^  S  PR  I  no  kit 

W^   (flBSON 


CV>iii  III  iK.-ooii.'i  of  'J}i(>iii(l.-<  Ii  inl  1/(1  I'd  ,^  lis  Src/'t'ftti'i/  ilmJ 
Regii<tei\  ami  SuhihiI  (ironm,  lis  Jii'i-ri lur  (icm't'id, 
(if  Kiisf  .Jirsi'ij. 

I  Kidiii  Co;'''''*  iiiiioiit;  tlic  Maiiuscripl.s  of  W.  A.  Whiti'liead.  | 

KoHKirr  Hau(  i.AV  Ks(,/!  I*roi>rit't(>i' c^-  (ion  (M-iior  and 
the  ivst  of  the  ri'oprictors  K)i.  the  Pro\  inee  id' 
iCast  new  derse\ 

Tit  iiiir  trtisti/  it'  irill  lirhn'iil  TnoMAs  KrovAlcD  (iiut  Sriul 
Greetinij. 

I  the  said  Ilobert  JJarehiv  bt'ini'-  well  assured  of  thv  Skill 


1  Thomas  Ridvaho  was  oiijtinally  from  the  towu  of  Kudyniil.  in  StalJordshire  ; 
luit,  at  the  time  of  his  appoiiitineiit.  wat*  a  residi-iit  of  Loiuloii.  His  k-jial  uttainmeDtH 
Were  tlion^ht  to  l)e  of  a  lii;;h  ordiT.  and  it  was  prohahly  his  connection  with  the 
trial  of  William  I'enu  and  William  Mead,  in  lii70.  for  acting  contrary  to  the  [irovisioutj 
111  the  (.'onventicle  Act,  tliat  made  him  aciiuainted  with  the  East  Jersey  project.  He 
took  an  active  intercut  in  promoting;  the  views  of  the  twenty-lour  I'roprietaries,  and 
his  house  in  (Jeorge  Vani,  l.oinhard  street,  became  the  deposiloiy  of  their  papers, 
maps,  A.C.,  fol-  the   iiifiiriiiatii)n  of  iiii|iiii  crs.      He  caini-  to  tin-  I'rcivince  in  No\ember, 


1682]  OOMMISSIOX    OF    THOMAS    RUDYARD.  877 

prudence  and  Integrity,  have  tliouglit  fit  and  du  bv  these 
presents  ])y  and  with  the  consent  of  the  Said  Proprietors 
Nominate  Constitute  and  appoint  tliee  Secretary  and  Cheif 
Register  for  so  long  time  as  tliou  shalt  well  and  faitlifully 
behave  thy  Self  therein  :  TTereby  authorizing  thee  to  be 
present  at  all  meetings  of  the  Dep'^  GovT  and  Councill  of 
the  Said  Province,  and  to  take  and  keep  an  exact  Register 
of  all  their  Acts  Orders  and  Constitutions,  As  also  to 
receive  from  the  Survey!"  Generall  of  the  Said  Province 
All  certificates  of  land  by  him  laid  out  and  Surve3'ed  for 
any  person  or  persons  whatsoever  according  to  the  Warrant 
from  the  Deputy  Governor  and  Councill,  And  the  Same 
certificates  carefully  to  Register  and  file  in  thine  Office, 
And  thereupon  by  vertue  of  Such  Warrants  as  you  Shall 
receive  from  the  Deputy  Governor  and  Councill  to  draw 
up  Such  Lease  or  Leases  Conveyance  &  Assurances  of  Land 
from  the  Proprietors  and  in  their  names,  as  Shall  accoi'd 
with  the  Certificate  and  the  form  of  Assurance  now  used 
in  the  Said  Province,  which  being  Signed  by  me  or  the 
Deputy  Gov*"  &  Councill  and  Sealed  with  the  Seal  of  the 
Said  Province,  thou  shaft  carefully  enroll  the  Same  in  thy 
office,  that  recourse  may  be  had  thereunto  on  all  Occasions 
And  to  do  all  other  Act  and  Acts  thing  and  things  which 
do  or  Shall  belong  to  the  Office  of  Secretary  and  Register 
within  the  Said  Province  to  the  best  of  thy  Judgment  and 
Skill,  And  for  thy  doing  the  Same  thou  Shalt  receive  Such 
Salary es  ffees  and  perquisites  as  are  already  or  by  the 
Generall  Assembly  of  the  Said  Province  Shall  be  ap- 
pointed and  none  other.  Given  under  the  Seal  of  our 
Province  this  sixteenth  day  of  September  Anno(|  Doni 
1682. 

1682,  briuging  two  daughters  with  hliii,  Margaret  and  AtiM ;  the  first  of  whom  be- 
came the  wife  of  Samuel  Winder,  and  subsei|uently  of  George  Wiliocks,  and  ilie 
other  the  wife  of  John  West.  Ditfering  from  the  Surveyor  General  asto  the  mode  of 
laying  out  and  allotting  lauds,  (his  Council  agreeing  with  him,)  he  was  superseded  in 
July,  1C83.  Gawen  Lawrie,  his  successor,  entering  upon  his  duties  in  February,  1(584. 
Mr.  Rudyard  continued  to  exercise  the  duties  of  Secretary  and  Register  until  1685, 
when  he  left  the  Province  for  the  i.sland  of  Barbadoes.  See  •  East  Jersey  Under  the 
Proprietary  (iovernuieiils,"  pp.  IGl  lti7.     Fn. 


37S  \i:W    .IKRSEY    COLOMAI.    n<VU"MKNTS.  [1682 

[To  this  is  appended,  in  tlie  liandwririn^-  of  \N'illiain 
Dockwra,^  the  ;iii-ent  of  the  l^roprietors  :  | 

An--:         N   15 

1G8T  1"'.'   here  is  no  power  of  making-  a  Deputy 

2''  The  grant  being  only  personall  &  no  longer 
time  than  he  should  well  iV  faithfully  behave 
himself  therein. 

His  forfeiture  is  notorious. 

P.'  for  w^Mrawing  from  the  execution  of  liis 
duty  &  takin«-  an  office  in  another  Province,  in 
N.  York.  , 

2.  foi"  vttcrly  forsaking  his  duty  by  settling  in 
Jjarbados,  a  jtower  to  make  a  Dej)uty  might  have 
been  a  plea,  but  here  can  be  no  preteiu-e,  videss 
T.  K  Arc:  count  Hectoring  <t  Huiiing-  will  main- 
tain a  Tvtle  ati''  all  v*^  woi'ld  as  well  as  aa"' 

W.  D. 

Robert  Bakclay  Esq'!  Pioju-ietor  ci:  Governor  and 
the  rest  of  the  Proprietors  of  the  Province  of 
East  new  Jersey 

'J\>  (Hif  frtisii/  and  ir,  II,  hilori  d  Samukm.  CtKOo.M   Mrrc/ulnt 

Wek  being  well  assured  of  thy  Integrity  and  prudence 
have  thought  fitt  and  do  by  theise  presents  Nominate  Con- 
stitute and  a])point  thee  Keceiver  General  of  the  Said  Prov- 
ince  for   So   long  time   as  thou  Shalt  well  and  faithfully 

1  -Wli-i.TAM  BocKWRA,  wlien  tii'st  inentioiieil  in  the  "East  Jei-sey  Records,"  isstyled 
"  Merchant  of  the  Parish  ot  St.  Andrew,  Undershaft.  London."  Having  taken  an 
active  part  in  i)romotinK  i-niigration  to  the  Province,  by  contributions  in  money  and 
sending  over  settlers  on  his  own  account,  he  became  so  intimately  associated  with 
the  Proprietors  as  to  be  made  their  agent,  and  authorized  to  sign  for  them  all  instruc 
tions  and  other  documents  which  were  deemed  nece.s.sary  by  him  for  the  well  order- 
ing of  theii' alfairs.  This  was  lGf6;  two  years  later  be  was  appointed  Keceiver  Gen- 
eral and  Treasurer  of  the  Province,  and,  in  KiHil,  also  Secretary  and  Kcgister  of  the 
Board  of  Pi'0|)rietors,  performing  his  duties  in  tile  Province  by  deputy.  In  1G33  a 
penny  post  was  established  in  London,  of  which  Dockwra  soon  after  obtained  the 
management,  but  did  not  retain  it  long.  He  died  in  1717,  leaving  several  sous  and 
daughters,  but  none  of  the  family  appear  to  have  visited  America.  See  "  East  Jersey 
Under  the  Proprietary  Governments,"  "Jd  Edit.,  p.  iHi.    Ki>. 


16S2]  COMMISSION    OF    SAMUEL    GROOM.  379 

beliave  thy  Self  therein,  To  collect  and  receiv^e  all  Qnitt- 
rents  belonging  to  us  and  all  other  inoneves  due  and 
payable  either  for  the  publique  use  and  Stock  of  the  Said 
Province  or  for  the  private  benefit  of  us  the  Proprietors. 
And  to  issue  out  all  publique  monyes  by  the  direction  and 
Order  of  our  Governor  Deputy  Governor  and  Councill,  and 
to  remit  or  return  our  priv^ate  monyes  in  Such  manner  as 
thou  in  thy  Judgement  shalt  think  fit,  and  to  do  all  other 
Act  and  Acts  thing  and  things  that  to  the  Office  of  a  Re- 
ceiver Generall  doth  belong  ;  And  for  thy  So  receiving  and 
disbursing  the  publique  Monyes  thou  Shalt  receive  Such 
Salary es  ffees  and  Perquisites  as  are  already  or  Shalt  here- 
after by  the  generall  Assembly  of  the  Said  Province  be 
appointed  and  none  other.  And  for  our  private  business 
thou  Shalt  receive  the  usuall  Commission,  allowance  of 
other  ifactors,  Given  under  the  Scale  of  oui-  Province  this 
16  day  of  September  1682. 

[To  this  is  appended,  in  the  handwriting  of  William 
Dockwra :] 

Qua"  What  blank  com'ission  G.  L  *  had,  for  if  he  had 
no  power  to  make  a  dep*^  his  exceeding  his  power  invali- 
dates y*^  com'ission  especially  if  y^  patent  was  Signed  & 
sealed  here  by  y^  Gov''  &c.  for  after  that  thing  be  added 
or  any  materiall  alteration  it  makes  it  void 

W"^  Haige  never  was  concern'd  to  direct  any  thinge 

&  qua^:  what  deputation  was  made  by  him  to  G.  L  and 
where. 

Consider  y'  G.  L.  being  dismist  by  j)nl)liqne  (^rder  from 
y®  propr.  vnder  their  province  scale. 


The  RegiHter  of  Scotland  to  Sir  Jolm    Werden. 

[From  "  Kew  York  Colonial  Docuraents,''  Vol.  III.,  p.  :t2y.| 

\_jExtract.'\     I  did  write  to  you  formerly  of  our  desire 
who   are  Proprietors   of  East  Jersey,  to   have    our  gov- 

1    Gawen  Lawrie.    Ed. 


3i^0  NEW    .IKUSF.V    CDI.oMAI.    DdCrMKXTS.  [168;> 

enieiii'  ratlier  li(»klL'ii  liv  ('limtcr  (if  his  R"  IP"  y"  as  it  is  at 
|)'"sent  by  transmission    I'njni  oui' anthers  without  any  aug- 
nuMitac'on    of    oni-    juiviledae^^,    hut    tnily   to    be    iind'^   y" 
Dukes  immediate  prorection 
[Deoenihcr  I'l.  K'.S-J.  | 


.SV/'  ./n/ui     II  I  nh  II  ill  t/ir  J.iiril  Ri'^j'itili'i'. 

( Fioui    'New  York  Coldiiial  l)i)rmiifiit.s.  '  Vol.  111.,  p.  'X.W.\ 

S'  James's  4  ,lany.  (8|) 
.My   L<.nl 

1  >hoiil(l  liave  an<wt.'i'e(l  yo'  I.oi'<l>'"  of  ye  21.  Dec*" 
soonei-,  lint  y'  I  have  waited  a  i^-ood  o|ij)orrnnity  to  make 
y*"  ])i'o])usall  nieiic"oned  in  \ o'  left'  ahont  y''  East  |)art  of 
New  Jersey. 

And  now  I  am  to  (U'>ire  a  little  further  explanation  of 
m'  is  aynied  at  in  y'"  proposal!,  y'  is,  wliethei"  the  Propriet" 
of  East  New  Jersey  designe  to  Joyne  y'  to  New  ^  ork  (as 
heretofore)  as  a  part  of  y'  goNernem'  and  soe  shai-e  in  it 
by  sending  tlieii-  Ive})resentatives  to  y''  Assembly  at  New 
Yorke  (in  sucli  nnnd)er  as  may  bt'  agreed  on,  if  it  be 
thought  fitt)  and  contribnting  to  y'  i)ublique  charge  in 
proporc'on  ttc  or  else  whether  haveing  their  governem'  in 
E.  New  Jersey  holden  by  Charter  from  his  R"  IP  i me- 
diately ratlier  then  by  transmission  from  their  Authors 
(as  yo"'  Lre  expresses  it)  and  being  und'  the  J)ukes  protec- 
tion to  be  undei'stood  oidy  of  the  Dukes  contirmac'on  of 
their  rights  &  ])()ssessions  rhei\',  as  they  are  derived  unto 
\ '"  from  Sir  (u'o.  Cai'tiTett  or  his  heires.  l»y  vei'tne  of 
y''  I)nkes  grant  heretofore  to  him  and  y'" 

M<»reover  for  the  ease  of  negotiating  y'  affaire  1  desire 
N'o""  l^ord.-''  will  appoint  some  one  ^well  instructed)  empow- 
ered to  answei-  such  objecc'ons  as  may  be  started  by  his 
R"  H"  Com''"  heiv.  w"  y'  is  layd  before  them. 

To  the  li'  Hon'''-  IJH-  Lord  lu'irister  in  Edinburgh. 


1683]  JAMES    NEVILL    TO    GOVERNOR    PENN.  381 


LettfT  froiii  JaiiK H  jV>'rlU  to    Goi^ernor  Perm. 

IFroni  '•  Peiii)s\  ivania  Archives,  "  Vol.  T..  p.  55  | 

Deare  Friend 

On  the  first  dav  of  this  weeke,  after  v*^  inoetiiiiJ:,  I  in- 
formed  friends,  That  1  liad  some  matter  of  importance  to 
impart  to  ye  people,  and  desired  tliem  to  give  notice  there- 
of to  as  many  as  they  could,  to  meete  at  Salem  on  the  next 
day ;  accordingly,  there  came  tojj^ether  about  30  ])sons,  to 
whom  r  read  the  inclosed,  at  w'''^  George  Deacon,  John 
Thompson  and  seaverall  others  seemed  highly  displeased, 
Saying  they  would  stand  by  the  Concessions.  I  demanded 
of  ye  two  foremensconed  persons,  whose  leggs  they  would 
stand  on,  for  their  own  legg  had  fail'd  them  formerly, 
&c.  :  they  asked  what  I  had  to  doe  to  medle  in  such  Mat- 
ters, w'*^  out  acquainting  them  :  I  answered,  I  thought  y™ 
not  psons  fitt  to  be  of  my  Councill,  &c  :  Some  said,  if  the 
Governm'^  belonged  to  thee,  tliou  might  assume  it  w'^'out 
our  peticoning  thee  thereto :  1  replyed,  thou  would'st 
rather  have  it  by  consent  of  the  people  also  ;  for  W"' 
Called  ye  Conquer''  acknowledged  he  was  chosen  King,  by 
the  consent  of  ye  people  :  ma'y  words  past,  when  it  ap- 
peared y'  some  had  not  learn'd  how  to  keepe  Silence,  nor 
yet  to  speake  to  purpose ;  at  last  it  was  agreed  that  all  ye 
Inhabitants  should  have  Notice  to  meete  on  the  second 
day  of  this  instant  mo*'',  and  al)Out  60  psons  came  together  ; 
the  most  jjart  willingly  Subscribed,  &  all  ye  rest,  except 
two  psons  (after  along  dispute)  did  the  like,  All  generally 
desiring  thee  to  adinitt,  that  the  people  may  have  the 
Nomination  of  thy  Deputy  Gov'no''  and  the  Justices  of  ye 
peace ;  John  ffeiiwick  did  not  appeare,  his  son  Hedge  told 
me  he  thought  his  father  M-ould  not  doe  any  thing  until 
he  had  been  w*''  thee  ;  I  have  sent  thee  herew*''  his  Com- 
mission, desiring  it  may  never  come  to  his  hand,  for  the 
people  have  had  so  much   experience  of  his  ambition,  I'cc, 


3S2  NEW  .r?:RSKY  colonial  documents.  [1683 

f(H-iiic'rly,  and  it  is  credibly  re])ortt'(l  tliat  lie  hath  boasted 
(Since  thy  being  here)  y*^  all  is  his  :  That  very  few  or  none 
of  the  Sober  people  can  williiiirh-  rcc"  him  in  Authority 
e.\ce])t  I  should  aeijnaint  y'"'  w"'  ye  meaning  thereof,  w'^^ 
I  tliiiikc  will  iiof  !)('  expedient;  and  I  doe  foresee  y*  he 
and  his  Tribe  Avilbe  so  arrogant,  that  the  peace  of  ye  peo- 
ple wilbe  much  disquieted  thereby,  if  not  ])rudentially 
p'"vented,  it  may  be  Expected  y'  all  things  will  be  in  dis- 
ord""  when  bad  men  hold  tlie  best  places  of  Credit,  Though 
I  could  veryly  hoj^e  m}'  enemy  Avere  reconciled,  and  that 
there  resteth  no  malice  in  him  towards  me,  Neverthelesse, 
blame  me  not  to  be  so  considerate  and  provident,  That  put 
the  case  he  should  have  the  will  to  hurt  me,  yet  he  shall 
not  have  the  opportunity,  or  occasion  to  doe  it,  by  any  Act 
of  mine  ;  As  for  thee,  I  declared  to  the  people  that  I  doe 
Conlidently  believe  that  thou  intend'st  Such  an  establishm'' 
that  men  shall  not  have  a  means  oi*  <)pj)ortunity  either  to 

or  prejudice  the  Pidjlick  w'^'out  extreme 

hazard  and  Daing''  to  y'^''"selves ;  And  to  remove  (^as  much 
as  may  l)e)  all  disgusts  and  heartburnings,  and  to  setle  this 
country  vpon  the  fairest  probabillitys  of  a  lasting  peace 
and  (>:)ntentfull  establishm'  :  To  Defend  ye  poore  and 
fatherlesse,  to  doe  Justi(;e  to  the  Xeedy,  and  to  deliver 
y'^"'  out  of  the  hands  of  those  y*  are  too  Strong  and  mighty 
for  v*'"'  :  This  I  declare  w"'  inr^'grity  of  lu-art,  wIki  am  thy 
loving  and  IvespectfuU  Iriend 

James  Nevill 
Salcm  ;5^  jrst  mo.,  10S2-3 

I  think  it  may  be  the  best  to  setle  Jo°  rienwick  in  the 
Province  of  Pensilvania,  and  remove  him,  so  that  he  have 
noe  interest  or  Clayme  here,  least  being  in  possession  he 
Shoulde  addc  to  his  ptie,  w'"  he  hath  allready  made  for  his 
pticular  interest.  1  wish  thyne  and  the  people's  felicity, 
and  freely  leave  the  ordering  thereof  to  the  Wisdom  of 
t.f  God  in  thee  J.   N 

lie  hath  oifcivd    to   j-ell    Land   to  a  Tavlor   v'  workes  w''' 


1683]  GRANT    TO    TWENTY-FOUR    PROPRIETORS.  383 

me,  this  weeke  last  past,  ye  quantity  300  acrs,  and  to  sell 
one   hundred  to  a  Scotchman  &   give  him  another,  both 
p'ties  affirmed  this  in  my  house  (viz*)  ye  Scotchman   ifc  ye 
"Taylor. 

For  William  Penn,  Proprief  &  Govern'" 
of  Pensilvania,  These,'' — 


Helease  from    the    JJakt    of    York    to    tht,    Twenty  four 
Proprietor.^  of  East  Jersey. 

[From  "  Grauts  and  Concessions,"  p.  141.] 

This  Indenture  made  the  Fourteenth  D^y  of  March., 
in  the  five  and  Thirtieth  Year  of  the  E,sign  of  our  Sov- 
ereign Lord  Charles  the  Second,  by  the  Grace  of  God 
of  England,  Scotland.,  France  and  Ireland  King,  Defender 
of  the  Faith,  &c.  Anno  iJonilni  1682.*  Between  his 
Royal  Highness  the  most  illustrious  Prince  James,  Duke 
of  YorJc  and  Alhany,  Earl  of  Ulster.,  &c.  only  Brother  to 
our  Sovereign  Lord  the  King,  of  the  one  Part,  and  the 
Right  Honourable  James  Earl  of  Perth,  of  the  Kingdom 
of  Scotland;  the  Honourable  John  Pranimond,  of  Limdy, 
in  the  said  Kingdom  of  Scotland,  Esq.,  Robert  BarcMy,  of 
Eury,  in  the  said  Kingdom  of  Scotland,  Esq ;  David 
Barckly,  jun.  of  Eury  aforesaid.  Esq  ;  Robert  Gordon,  of 
of  Cluny,  in  the  Kingdom  of  Scotland,  Esq  ;  Arent  Son- 
mans,  of  WaUinyford,  in  the  Kingdom  of  Scotland,  Esq  ; 
Williani  Penn,  of  Wormiiighar.st,  in  the  County  of  Saf<- 
sex,  Esq  ;  Robert  West,  of  the  Middle  Temple,  London, 
Esq ;  Thomas  Rudyard,  of  London,  Gentleman  ;  Samnel 
Groorne,  of  the  Parish  of  Stejrney,  in  the  County  of  Mid- 
dlesex, Marriner  ;  Thomas  Hart,  of  Enfield,  in  the  said 
County  of  Middlesex,  Merchant  ;  Richard  Mew,  of  Step- 
ney, aforesaid.  Merchant;  And>rose  Rlgg  of  Catton  Place, 
in  the  County  of  Surry,  Gentleman ;  Thomas  Cooper, 
Citizen  and  Merchant  Taylor,  of  London  ;   Gawn  La  wry, 

1     March  14,  1682-3. 


3^4  NKW    .IKKSKV    (or.oMAr.    r><><  IMFXT!?.  ["16^3 

of  J.iiinloii^  Morclianr  ;  h'thr,i,ul  Billin'jr,  <>t'  the  T'ity  of 
Wi  fit  III  1 11x1(1%  ill  th(j  County  of  Middhscr,  (lentlctiiati  ; 
.fitiiu  s  lirit'iiu\  of  London,  Merchant ;  Will  in  m,  Gihson^ 
Citizen  and  Hal)erdas]ier,  <>f  Lnnilnn  ■  Jnlin,  ffai/imnfJ, 
Citizen  and  Skinnev,  of  Liindnn  ;  Uinjli  IIii rfsliin'n.  Citi- 
zen and  Skinner,  of  Lnnilnn  ;  ('Jrm,  ni  Plmnsfi  mL  Citizen 
nnd  Draper,  of  Linnlnn  .-  Tlinmiix  Barh'i\  of  Lohdon, 
Merehant ;  Ltnhcii  I'lirn-r,  of  the  City  of  Diddin,  in  the 
Kins^doin  of  Irehmd,  Merchant  ;  and  Thomas  Warne,  of 
Dnhliii,  aforesaid,  in  the  .said  Kingdom  of  L'lhind,  Mer- 
chant, of  the  other  Part.  Whkkeas  oui-  >aid  Sovereign 
I>(>i-d  the  King's  Majesty,  in  ami  hy  his  Letters  Patent, 
under  the  Great  Seal  o(  LJik/IiukL  hearing  Date  the  L^ir<lffh 
Day  of  Mid-cJi,  in  the  Sixteenth  Year  of  His  said  Majes- 
ty's Reign,  did  amongst  several  otlu'r  Things  therein  men- 
tioned, give  and  grant  unto  his  lloyal  Highness  James 
Duke  of  Yoi'l\  his  Heirs  and  Assigns,  all  that  Tract  of 
Land  adjacent  to  Xcic-EiKjlaiKh  in  the  Parts  of  America., 
and  lying  and  l)eing  to  the  AVestward  of  Lomj-Ldand  and 
}ftinIi(dtas-hiaiuL  and  hounded  on  the  Kast  Part  by  the 
Main  Sea  ;  and  East  by  ILidsotin  Rinr  ;  and  hath  on  the 
West,  Delau'are  Bay  or  River;  and  extendeth  Southward 
to  the  main  Ocean  as  far  as  Cipc-Maij,  at  the  Mouth  of 
DdaaHire-B-Ay  ;  and  to  tlie  Xortiiward  as  far  as  tlie  North- 
ermost  Branch  of  the  said  i^ay  or  River  of  Didaicare, 
which  is  in  one  and  Forty  Degrees  and  I'orty  Minutes  of 
L:!ttitude,  and  crossing  over  thence  in  a  streight  Line  to 
Hudson's  Ri\i'r  ill  one  and  Forty  Degrees  of  Lattitude  ; 
which  said  Tract  of  Land  was  then  after  to  be  called  by  the 
Name  of  ycic-Cit'sarra  or  JVcic-Jersii/,  with  all  the  Lands, 
Islands,  Soils.  Kivi-rs.  Alines,  Minerals,  (^)iiai-ries.  Woods, 
Marshes,  Waters,  Lakes,  Fishings,  Hawkings,  Huntings  and 
Fowlings,  and  all  other  Jioyalties,  Profits,  Commodities 
and  Hereditaments,  unto  the  said  I'remisses  belonging  and 
appertaining,  with  their  and  every  of  their  Ap])urtenances  : 
And  all  his  said  Majesty's  Estate,  Ptight.  Title,  Literest, 
Benefit.  Atlvaiitage,  Claim  and    Demand  of.  in   and  to  the 


1683]  GKANT    TO    TWENTY-FOUR    PROPRIETORS.  385 

same  Premisses,  or  any  Part  or  Parcel  thereof,  and  the 
Reversion  and  Reversions,  Remainder  and  Remainders, 
together  with  the  yearly  and  other  Rents,  Revenues  and 
Profits  of  the  same,  and  of  every  Part  and  Parcel  thereof, 
to  hold  unto  his  said  Royal  Highness  the  said  James  Duke 
of  Yoi'l-,  his  Ileirs  and  Assigns  forever  ;  to  be  liolden  of 
his  said  Majesty,  his  Ileirs  and  Successors,  amongst  other 
the  Things  therein  granted,  as  of  his  Majesty's  Mannor  of 
East  Greeniolch,  in  his  Majesty's  Countj^  of  Kent,  in  free 
and  common  Soccage,  and  not  in  Capite  or  Knight  Service, 
under  the  yearly  Rent  therein  mentioned.  And  Whereas 
his  said  Royal  Highness  James,  Duke  of  Yorh,  did  here- 
tofore by  several  good  and  sufficient  Conveyances  and 
Assurances  under  his  Hand  and  Seal  duly  executed,  the 
tirenty-third  and  tir<')itif-f<nn'tJt.  Days  of  June,  in  the  Six- 
teenth Year  of  his  said  Majesty's  Reign,  for  the  Considera- 
tion therein  mentioned,  grant  and  convey  the  said  Tract  of 
Land  and  Premisses  before  mentioned  to  John  Lord  Berke- 
ley, Baron  of  Stratton,  and  one  of  his  Majesty's  most 
Llonourable  Privy  Council,  and  Sir  George  Carteret,  of 
Saltereni,  in  the  County  of  Devon,  Knight  and  Baronet, 
and  one  other  of  his  Majesty's  most  honourable  Privy 
Council,  and  their  Heirs,  the  said  Tract  of  Land  and  Prem- 
isses before  particularly  mentioned,  and  the  Reversion  and 
Reversions,  Renuiinder  and  Remainders  of  the  same,  To 
Hold  unto  the  said  John  Lord  Berkeley  and  Sir  George 
Carteret,  thein  Heirs  and  Assigns  forever,  under  the  yearly 
Rent  of  Twenty  Nobles  Sterling,  payable  as  the  same  is 
therein  reserved  to  be  paid.  And  Whereas  His  said 
Majesty  did  by  other  his  Letters  Patents,  dated  the  twenty 
nhitJi  day  of  Jioie  in  the  six  and  twentieth  Year  of  his 
said  Majesty's  Reign,  grant  and  convey  unto  his  said  Royal 
Highness,  and  his  Heirs  forever,  as  well  the  said  Tract  of 
Ltmd  and  Premisses  herein  before  recited  to  have  been 
granted  and  conveyed  by  his  said  Royal  Highness,  unto 
the  said  JoJin.  Loi'd  lierkeley  and  Sir  George  Carteret  as 
aforesaid,  as  all  othei-  the  Lands  and  Hereditaments  in  and 


386  NEW    JERSEY    COI.UNIAr.    ItOCrMENTK.  [1683 

hj  the  said  luTuin  first  before  recited  Letters  Patents 
granted,  or  raentioiieil  to  l»t'  i>-r;uited.  And  Wukkeas  his 
said  Royal  Highness  by  liis  Iii(lciiriire  <^f  Leasi'  and  Release, 

bearing  Date  tlu^ of  •/'////,  in  the  six  and 

twentieth  Year  of  hi>  M;ijc>ry">  Reign,  did  grant  and  con- 
vey tlie  said  Ti'act  of  Laud  and  Premisses,  to  tlie  said  Sir 
(i<()r(j('  ('(irfci'rf^  liis  Heirs  and  Assigns,  as  l)y  the  >;aid 
Indentnre,  Relation  l)eing  thereunto  had,  may  a])pear. 
And  Whereas  upon  a  Partition  made  of  the  whole  and 
entire  Premisses,  between  the  said  Sir  (ii-orgt-  Corterct  and 
WiUiaiii  Piiiii  of  Wdi'iiiiiKjJinrsf,  in  the  County  of  aSV/.s-av,/', 
P>s<| ;  (imrii  /.(I irrij,  ni  /.'^//'A'//.  Merchant ;  .Vtr/toht-s  Lnri/s\ 
of  //<,■//(>/■'/.  in  the  County  of  Ihrtfoi'il^  Malster ;  and 
Jul  mini  lii/lIi/iKii.,  of  Wcxfiiitiisi,/-,  in  the  County  of  Jl'nl- 
(lhi^)',i'.  Gentleman:  in  wln»ni  tlie  I'V'c  Sim])le  of  the  said 
Ijinl  /)<rl,'rl,if.-<,  niidi\ided  Moyety,  of  all  ami  singnlar  tlie 
Premises,  by  good  and  sufHcient  Conveyances,  was  then 
vestecl  the  said  WilJium  /*< mi.  (imrin  Jjin'rij,  S'n-hnl<i>< 
Lu<-ai<  and  l\ilir,ir<l  /'hjIIi/ikji  ,  did  bargain,  sell,  release  and 
coniirm  unto  the  said  Sir  (i<-nr(/r  Cart^rd,  his  Heirs  and 
Assigns,  all  that  Easterly  I*art.  Share  and  Portion,  and 
all  those  Easterly  Parts,  Shares  and  Portions  of  the  said 
whole  and  entire  Tract  of  Land  and  Premises  before  men- 
tioned, extending  Eastward  and  Northward  along  the  Sea 
Coasts  and  the  said  River  called  I/udftons  River,  from 
the  East  side  of  a  certain  Place  or  Harbour,  lying  on  the 
Southerly  Part  of  the  same  Tract  of  Jiand,  and  commonly 
failed  or  known  in  a  Ma])  of  tlie  said  Tract  of  Land,  by 
tlic  name  of  /.iff/,  /:'i/t/- //,///»>"/■.  to  that  Part  of  the  said 
River  called  II iiils4,,,'x  River,  which  is  in  Forty  one  De- 
grees of  Lattitude.  l»eing  the  Northermost  Part  of  the  said 
Tract  (d'  Land  and  Premisses,  wliicli  is  Ixtnndcd  by  the 
said  Rivei" ;  and  ci-ossing  over  from  thence  in  a  sti-aighr 
Line,  extending  fi-om  that  Pai't  of  //in/son's  River  afore- 
said, to  the  Northcrmost  Prancdi  of  the  atoremeiitioned 
River  called  Ihlmnnt  River,  and  to  tin'  m(»st  noi'therly 
f^oint  oi-   Bo\imlai'v  of  the  said  entire  Tract  of   Laml  and 


]683]  GRANT    TO    TWENTY-FOUR    PROPRIETORS.  387 

Premisses,  now  called  the  JSTorth  Partition  Point ;  and  from 
thence,  that  is  to  say,  from  the  North  Partition  Point, 
extending  Southward,  unto  the  more  southerly  Point,  by 
a  straight  and  direct  Line  drawn  throngli  the  said  Tract  of 
Land,  fi-oni  the  said  North  Partition  Point  unto  the  said 
South  Partition  Point,  by  the  Consent  and  Agreement  of 
the  said  Parties,  now  called  the  Line  of  Partition,  and  by 
them  intended  for  tlie  dividing  and  making  a  Partition  of 
the  Easterly  Part,  Share  and  Portion,  from  tlie  AVesterly 
Part,  Share  and  Portion  of  the  said  Tract  of  Land  and 
Pi-einisses  ;  and  all  and  every  the  Isles,  Islands,  Pivers, 
Mines,  Minerals,  Woods,  Fishings,  Llawkings,  Huntings 
and  Fowlings,  and  all  other  Poyalties,  Governments,  Pow- 
ers, Forts,  Franchises,  ITarhours,  Profits,  Commodities  and 
Hereditaments  whatsoever,  unto  the  said  Easterly  Part, 
Share  and  Portion  of  the  said  Tract  of  Land  and  Premis- 
ses, belonging  or  in  any  wise  ajDpertaining,  with  their  and 
every  of  their  Appurtenances ;  and  all  the  Estate,  Pight, 
Title,  Interest,  Claim  and  Demand  whatsoever  of  them  the 
said  William  Penn,  Gaion  Lavjry^  Nicholas  Lucas  and 
Edward  Byllynge,  and  of  eacli  and  every  of  them,  of,  into 
and  out  of  the  said  Easterly  Part,  Share  and  Portion  of  the 
said  Tract  of  Land  and  Premisses,  and  every  Part  and 
Parcel  thei-eof,  and  the  Reversion  and  Reversions,  Remain- 
der and  Remainders  of  the  same,  and  every  Part  and 
Parcel  of  the  same  :  All  which  said  Easterly  Part,  Shai'e 
and  Portion,  Parts,  Shares  and  Portions,  was  and  were 
then,  and  now  is,  and  are  by  the  Consent  and  Agreement 
of  the  said  Parties  to  the  said  Partition,  called  and  agreed 
from  henceforth  to  be  called  b}^  the  Name  of  East  Neio- 
Jersey ;  and  is  all  that,  and  only  that  Part,  Share  and 
Portion,  and  all  those  Parts,  Shares  and  Portions  of  the 
said  Tract  of  Land  and  Premisses,  so  conveyed  by  his  said 
Royal  Highness  as  aforesaid,  as  lyeth  and  extendeth  East- 
ward from  the  East  Side  of  the  said  Line  of  Partition 
before  mentioned.  To  Hold  to  the  said  Sir  George  Carteret^ 
his  Heirs  and  Assigns  in  severalty,  to  the  Use  of  him  the 


388  NKW    .IKKSKY    (OH)NIAI.    nociMKNTS,  [1683 

said  Sir  ii<i>itii  i'lirli  nl .\\'\>  Ilcirs  and  Assiirns  forever; 
upon  which  Partition  so  made,  and  such  Conveyance  8o 
executed  as  aforesaid,  he  the  said  Sir  Cjioiyr  ('K/icz-if  he- 
canie  seized  of  all  that  Kasterh'  Part  of  the  said  I'reniisses, 
now  (tailed  K'f-sf  JVnr.Jt'/'.sr;/,  with  its  Appurtenances  in 
severalty.  .Vni>  Wiiki;i:as  the  said  Sir  (iinnji  Ciiii'i-ct 
hein^-.  by  Virtue  of  the  said  Assurances  and  J*artition 
aforesaid,  become  sole  seixetl  to  him  and  his  Heirs  of  the 
said  Premisses  caUed  J-jist  Xiir-.f,  rs< ;/.  \\\  his  last  Will  and 
Testament  in  Writing,  bearing  Date  on  or  about  the  v'ffh 
Dav  of  DoiiiJicr  in  the  Year  of  our  Lord  One  TJniu.siiinl 
S'lx  II ninli-ed Seventij  <tntl  h'iij/if,  <iid  devise  the  same,  and 
all  his  Estate  therein,  amongst  other  Things,  to  the  Right 
Honourable  tjhi'aril,  Eai'l  of  S<i,,<hr'i<-/i,  the  Right  II»»ii- 
ourable  ./'V///  Earl  of />'////  .•  the  Right  Ijonowrahh'  TIkhkiis^ 
Loi-d  ^/v//%  Baron  6/v///',  of  ^'A  "/"  ,'  tlie  Honourable  Ii<i- 
nard  ( I mn i^'dh'.  Esq;  Brothel'  of  the  said  Earl  of  Bulli  ; 
the  Honourable  Sir  /,'/>/»/■/  J////^.v,  Knight  of  the  Bath  ; 
the  Hononral)le  Sir  Edn'urd  AiLius^  Knight,  one  of  the 
Barons  of  his  Majesty's  Court  of  Exche([uer.  and  their 
Heirs  in  Trust,  to  sell  the  same  for  the  Payment  of  his 
Di'bts  and  Legacies,  as  in  and  by  the  said  Will.  Relation 
being  thereunto  had,  may  appear,  and  shortly  after  dyed. 
And  Whereas  the  said  Jo/nu  Eai-1  of  Unfit  :  Tliomax,  Lord 
('/■<  ir  :  n,  riKirtI  iij'i '  n  rilli  ;  Sir  h'olx  rf  Aihnis  ;  and  Sir 
I'difdiu/  Atkins^  by  Indentures  of  Lease  and  lielease,  bear- 
in-;-  I)atc  t\\L\p'ffIi  and  slrf/i  Days  of  JIi//-<It,  m  the  two 
and  thirtit'th  Year  of  his  Majesty's  KtMgn,  conveyed  the 
said  Premisses,  amongst  othei"  Things,  to  Thoriu(.'<  i'i'<iii(i\ 
of  the  l*arish  of  St.  Aiidr<  irs^  IIt,U»)ni'ii< ,  in  the  County  of 
Mid<lli'se,i'^  Gentleman,  and  Ilmnnix  Bnrorl,'  of  the  same, 
(Gentleman,  as  by  the  said  Imleiitures,  relation  being  there- 
unto had.  it  may  a))pear.  And  Whereas  the  said  Earl  of 
Siiiidii-'nii.  by  his  Indenture  hcai-ing  Date  the  Twenti«^tli 
Day  of  Fihfiiiiri/  last  past,  hath  I'cleased  all  his  Estate, 
Interest  and  Trust  in  the  said  Premisses,  to  the  said  Earl 
of  Ihith,  Lord  (  'nil'  Ij<  r/mnl  (i /•<.'<' iirdh,  Sir  Jiohn't  Atl'lih-t, 


1683]  GRANT    TO    TWKNTV-ForR    PROPRIETORS.  389 

and  Sir  Edintrd  Atllti.^,  and  their  Heirs,  as  by  tlie  said 
Indenture,  relation  beino-  thereunto  liad,  nuiy  appear.  And 
Wliereas  the  said  Earl  of  Baf/i,  Lord  CWiv^  Bernurd 
Gi'('('iri''illi\  Sir  Rdxii  Atl-!ii><,  and  Sir  Edn^ard  AtJcin.s, 
by  the  Consent  and  Dii-ection  of  Dame  Elhidxili  Cdripyct, 
Reliek  and  Executrix  of  tlie  said  Sir  George  Ckiiicrd  :  and 
the  said  The)iii<ix  Vi-eincr  and  TJumraa  Pocoeh,  by  the  (Jon- 
sent  and  Direction  of  the  said  Dame  Elizaheth  Carteret^ 
Earl  of  B(dh,  Lord  Crea^  Bernard  Greenmlle,  Sir  liolxrt 
Atkins^  and  Sir  Edirard  Atkins^  have  by  Indentures  of 
Lease  and  Release,  bearing  date  the  frsf  and  second  Days 
of  Fehruary  last  past,  granted  and  conveyed  to  the  said 
Willimii,  Penn,  Iiol>ert  TH'-v^,  TIioiikih  Rudijard.,  Sainiiel 
Grooine,  Thomas  Hart,  Richard  Alev\  Thomas  Wilcox,  of 
London  Goldsmith,  Andjrose  Iii<j(/,  Jolin  Ilaijicood,  IIik/Ji 
.H<(rfxJiorn,  Clement  Plumstc((d,  and  Thomas  Cooper,  their 
Heirs  and  Assigns,  all  the  said  Premisses  called  East  Neic- 
Je'rsey,  together  with  all  Isles,  Islands,  Rivers,  Mines. 
Minerals,  Woods,  Fishings,  Hawkings.  Huntings,  Fowl- 
ings  and  all  other  Royalties,  Privileges,  Franchises,  Forts, 
Harbours,  Profits,  Commodities,  and  Hereditaments  what- 
soever, thereunto  belonging,  as  in  and  by  the  said  Inden- 
tures, relation  being  thereunto  had,  may  more  at  large 
appear.  And  wdiereas  the  the  said  William  Penn,  liohei-t 
West,  Thomas  Jludyard,  Samuel  Grooine,  Thomas  Ilart^ 
Pi  chard  ATar,  Thomas  Wilcox,  Amhrose  Pigejs  John  Jlaij- 
wood,  J  I  ugh  Hartshorne,  Clement  Plumstead,  and  Thomas 
Cooper,  have  since  conveyed  one  Moyety  of  the  said  Tract 
of  Land  called  East  New-Jersey,  and  of  all  other  the  Prem- 
isses to  the  said  James,  Earl  of  Perth,  John  Drammoad, 
Rohcrt  Bai'cMy,  Pohert  Gordon,  Arcnt  Sonmaths,  Gatcn 
Laayy,  Ed  ward  Byllyng,  James  Braiiie,  William  Gihson, 
Thomas  Barker,  Pohert  Tamer  and  llioma.s  Warne,  who 
are  thereby  become  Tenants  in  Common  of  the  said  Prem- 
isses called  East  New-Jersey,  which  with  the  said  William 
Penn,  Jiolxrt  West,  TJtoaai.s  Bad  yard,  Samuel  Groome, 
Thoma.^  JIart,   PicJiard  Aleir,   Thomas   Willeo>/',  Amhrose 


3'.K)  Ni:\V    JEK.SEY    COLONIAL    DOCUMENT.  [1683 

R'ifjg.  John  Haywood^  Ihnjh  Ifaiishorn^  Cit'ment  Plum- 
stead,  and  Thomas  Cooper.  And  Wlici-eas  the  said  Thoinas 
Wilcox  hath  since  conveyed  all  his  Share,  Estate,  and  In- 
terest in  the  said  Premisses,  to  the  said  JJavid  Ban-klij 
and  his  Heirs  ;  And  wliereas  hy  tlie  said  several  recited 
Letters  Pat  tents,  made  by  liis  said  Majesty  unto  his  said 
lioyal  Highness  as  aforesaid,  several  Powers  and  Authori- 
ties are  and  were  given  and  granted  unto  his  said  Ro3'al 
Highness,  his  Heirs  and  Assigns,  to  be  executed  by  his 
said  Poyal  Highness,  his  Heirs  or  Assigns,  or  by  the 
Deputies,  Agents  or  Commissioners  of  his  said  Royal 
Highness,  his  Heirs  or  Assigns,  which  are  necessary  as 
well  for  the  Planting,  Peopleing,  and  Improving  of  all  and 
every  the  respective  Lands,  Places  and  Tenitories  thereof 
granted;  and  for  the  Transporting  thither  from  time  to 
time  such  of  his  Majesty's  Subjects  as  should  be  willing  to 
go  or  be  transpoi'ted  into  those  Parts,  or  any  of  them,  as 
for  the  defending,  guarding  and  kee]>ing  of  the  same  ;  as 
also  for  the  well  governing  of  the  same,  and  of  all  such  as 
shall  be  inhabiting  in  the  same,  and  for  the  nuiking,  ordain- 
ing and  executing  of  necessary  and  convenient  Laws  and 
Constitutions,  in  order  to  such  Government ;  and  the  ]>un- 
isliing  and  pardoning  Offences  and  Offenders,  as  occasion 
shall  require;  and  to  make,  ordain,  constitute,  and  confirm, 
and  also  to  revoke,  discharge,  change  and  alter  all  and 
singular  Governors,  Officers  and  Magistrates,  which  by  his 
said  Poyal  Highness,  his  Heirs  and  Assigns,  shall  be  from 
time  to  time  thought  fit  and  needful  to  be  made,  ordained, 
appointed  or  used  in  the  said  Parts  or  Places,  or  any  of  them  ; 
and  to  do  all  other  Things  needful,  useful  and  necessar}', 
for  the  well  governing,  keeping,  defending  and  ])reseiving 
the  said  resjiective  Places  and  Territories,  and  of  every  of 
them,  and  all  such  as  are  and  shall  be  inhabiting  there. 
Now  TUESE  PRESENTS  wrrNESS,  that  for  and  in  Considera- 
tion of  a  competent  Sum  of  lawful  English  Money,  unto 
his  said  Royal  Highness  in  Hand  paid  and  for  the  belter 
extino-uishinfj  all  such   Claims  and    Denuinds   as  his   said 


16S3]  OKAXT    '1<^    TWKN'I'Y-I'orR     l'K<  )1'KIET<  )K>.  o9  I 

Royal  Hio^line.s.s,  ov  liis  Heirs,  may  any  wise  have  of  or  in 
the  Premisses  aforesaid,  now  called  /{(txt  iVv^v/'-.A^/'wy,  oi- 
any  part  of  them,  and  for  the  fnrthei-  and  better  settling 
and  conveying,  assuring  and  eonfirming  of  the  same,  and 
of  every  Part  thereof,  according  to  the  Purport  and  true 
Meaning  of  these  Pi-esents,  his  said  Poyal  Highness  the 
said  James  Duke  of  Yo/'l;  liath  granted,  bargained,  sold, 
released  and  conlirmed,  and  by  these  Presents,  as  far  as  in 
him  lyeth,  doth  grant,  bargain,  sell,  release  and  confirm 
unto  the  said  Jame^^  Earl  of  J\'rfJi,  John  Drmiiviond, 
Rohert  liiii'cllij,  David  Ban-lii/,  Holn'ii  Gordon^  Artnt 
Sonmaui^,  \\ill/fr//t,  Roi/t,  Bolx't-t  Ifv-sY,  Thoind)^  Rudyard, 
/SaMuel  (h'oonie^  Thoii%a><  ILiti,  Iilc/iard  A[<'ii\  And/rose 
Rigg,  John  Ilayviood,  Hugh  HartsJiorn,  Clement  Plurn- 
f<tead,  Tlioniax  Cooper^  Govyn  Lawy,  Ed i card  Byllynge, 
James  Brahre^  WUliani  Gdjmn.,  Thomas  Barlier,  Rohert 
Tu7'7ier  and  Thomas  Warne,  theii-  Heirs  and  Assigns,  all 
that  Part,  Share  and  Portion,  and  all  those  Parts,  Shares 
and  Portions,  t>f  all  that  entire  Tract  of  Land,  and  all  those 
entire  Premisses  so  granted  by  his  said  Royal  Highness, 
unto  the  said  Joh?i  Lord  Berhely  and  Sir  George  Carteret, 
and  their  Heirs,  as  in  and  by  and  upon  the  said  Partition 
was  and  were  vested  in  the  said  Sir  George  Carteret  and 
his  Heirs  and  there  agreed  to  be  called  by  the  Name  of 
East  New  Jersey,  together  with  all  Islands,  Bays  Rivers, 
Waters,  Forts,  Mines,  Minerals,  Quarries,  Royalties,  Fran- 
chises, and  Appurtenances  whatsoever  to  the  same  belong- 
ing, or  in  any  wise  appertaining  ;  and  all  the  Estate,  Right 
Title,  Interest,  Reversion,  Remainder,  Claim  and  Denuind 
Avhatsoever,  as  well  in  Law  as  in  Equity,  of  his  said  Royal 
Llighness  James,  Duke  of  Yorl\  of,  in,  unto  or  out  of  the 
same,  or  any  Part  or  Parcel  of  the  same :  As  also  the  free 
Use  of  all  Bays,  Rivers  and  "Waters,  leading  unto  or  lying 
between  the  said  Premisses,  or  any  of  them,  in  the  said 
Parts  of  East  New-Jersey,  for  Navigation,  free  Trade, 
Fishing  or  otherwise,  To  have  and  to  hold  unt(j  the  said 
Earl  of  Perth,  John  Drunvrnond,  Rohert  Barclly,  David 


392  m;\v  .ikkskv  cui.omai.  imximknts.  [1<)S;'> 

I^arclii/,  liiibert  Gordon^  Artni  Sonnnnim,  William  Pnui, 
Robert  ir^^s^,  Thomas  liud^/ard,  Samuel  (h'oomc,  Thomas 
Hart,   liichard    Mcio,    Amhmse   Ri<j<j,   dolni    JJaijwood, 
Hugh  Jlartshorii,   Clement  Phivistead,    Thomas   Cooper^ 
Gaivn  Lawrij,  Edward  Bijlhjngc,  James  Braine,  William 
Gibson,    TJiomas    Barlcr,    h'olx  li    Turner,    luid    Thomas 
llary/r,  tlieif   IK-irs  sind   Atisiy-iis  forever,  to  tin-  ttiilv  Use 
and  Belidof  of  tlu'iii  the  said  Earl  of  Perth,  John  Drum- 
mend,  Robert  B archly^  David  B archly,  Robert  Gordon, 
Arent  Soiimans,    William    Penn,   Robert    West,   Thomas 
Rudyard,  Samuel  Groome,  Tliomas   Hart,  Richard  Mew, 
Ambrose  Ri(j(j,  John  Haywood^  Hugh  JIartshorne,  Clement 
Plumstead,  Thomas  Cooper,  Gaum  Lawry,  Edward  Byl- 
lynge,  James  Braine,  William   Gibsoji,    Thomas  Barker, 
Robert  Turner  and   T/tomux    Wurni.  Xhv'w   lleii's  and  As- 
signs forever,  vieldini;'  and    pax  iiiu'  tlieivfoi-   veai-l\-  lV>r  the 
said  whole  entire   Premisses  nnto  liis   linval    11  ii;hness.  his 
Heirs  and  Assinns.  the   vearly  Kent  of  Ten  >iobles  ctf  law- 
fnl  English  ]\lonev,  at  or  in  the  nuddle  Teni])le  Jlall,  J.on- 
don,  i\t  or  npon   the    Feast    Davof  St.  Michael,  the  Areh- 
anirel  veai-Jv.     And  the  said  James,   Earl  of  Perth,  John 
Drunimond,    Robert    Jiarekly,    David    Barckly,    Robert 
Gordon,   Arent  Sonmans,    William   Pcnn,  Robert    West, 
Thomas  Rudyard,  S(i)iiuel   Groome,   Thomas  Hart,  Rich- 
ard Mew,  And>rose  Rigg,   John   Haywood,  Hugh    Harts- 
home,  Clement  Plumstead,  Thorn  us  Cooper,  Gaum  Lawry, 
Edward  Byllyngc,  James  Braine,  William  GibsoJi,  Thom- 
as Barker,  Robert   Turner   and    Thomas   Warne.    do   for 
themselves  severallv.  and  tor   theii-  several   ami   re>iH'etive 
Heirs,    Executors,   Adnnnistrators  and   Assigns,   covenant, 
promise  and   agree  to  and   with  his  said   Roval  Highness, 
his  Heii's  and  Assigns,  to  pav,  oi'  cause  to  he  paid,  thi'  said 
annual  Kent  of  Ten  ]S'ohles,  on  the  Days  and  Times  herein 
hel'ore  limited  for  Payment  thereol'.     And  tuksk  i'Kksknts 
iai;riii-.u   WrrNEss,  that   for  the    hetti-r  enal)]ing  the    said 
Earl  of  Perth,  JoJin  Drunimond,  Robert  Barckly,  David 
Jiarekly,  Robert  Gordon,  Arent  Sonmans,    William  Penn, 


1683]  GRANT    TO    TWENTY-FOUR    PROPRIETORS.  393 

Robert  West,  Thomas  liudyard,  Samuel  Groome^  TJioinas 
Hart,  Richard  M&w,  Ainhrose  Rigg,  John  Hayioood, 
Hugh  Hartshorn^  Clement  Phimstead,  Thomas  Cooper^ 
Gawn  Lawry,  Edtoard  Byllyng,  James  Braine,  William 
Gibson,  Thomas  Barher,  Robert  TuTner  and  Thomas 
War7ie,  tlieir  Heirs  and  Assigns  to  impro^'e  and  2)lant  the 
said  Premisses  with  People,  and  to  exercise  all  necessary 
Government  there,  wlierel)y  the  said  Premisses  may  be  the 
better  improved,  and  made  more  nseful  to  them,  their  Heirs 
and  Assigns,  and  to  the  King's  Majesty,  His  said  Eoyal 
Highness  hath  likewise  oiven  and  "Tanted  assigned  and 
transferred,  and  doth  by  these  Presents  give,  grant,  assign 
and  transfer  nnto  the  said  Earl  of  Perth,  John  Drmnmond, 
Robert  Barclay,  Damd  Barclay,  Robert  Gordon,  Arent 
Sonmans,  William  Penn,  Robert  West,  TJtoma.s  Rndyard, 
Sam^tel  Grooms,  Thomas  Hart,  Richard  A[ev\  Ambrose 
Rigg-i  John  Haywood,  Hugh  Hartxliorae,  Clem,ent  Plum- 
stead,  Thomas  Cooper,  Gawn  Lawry,  Hdnvcrd  Billinge, 
James  Braine,  William  Gibson,  Thomas  Barh'r,  Robert 
Tamer,  and  Thomas  Warne,  their  Heirs  and  Assigns, 
Proprietors  of  the  said  Province  of  TJast  New  Jersey  afore- 
said, for  the  Time  being,  all  and  every  such  and  the 
same  Powers,  Authorities,  Jurisdictions,  Governments, 
and  other  Matters  and  Things  whatsoever,  which  by  the 
said  respective  recited  Letters  Patents,  or  either  of  them, 
are  or  were  granted,  or  intended  to  be  granted,  to  be  exer- 
cised by  his  said  Royal  Highness,  his  Heirs,  Assigns, 
Deputies,  Officers,  or  Agents,  in  or  upon,  or  in  Kelatiijn 
nnto  the  said  Premisses,  hereby  confirmed,  or  intended  to 
be  hereby  confirmed,  and  every  of  them,  in  Case  the  same 
were  now  in  the  actual  Seisen  of  his  Royal  Highness,  to 
be  held,  enjoyed,  exercised  and  executed  by  them  the  said 
Earl  of  Perth,  John  Drummond,  Robert  BarcM^y,  Hacid 
BarcMy,  Robert  Gordon,  Arent  Sonm,ans,  William  Penn, 
Robert  West,  Thomas  Rudyard,  Samuel  Groom e,  Thamas 
Hart,  Richard  Mew,  Ambrose  Rigg,  John  Hayv:ood,  Hugh 
Hartshorn,    Clement   Pluaistead,    Thomas    Cooper,    Gawn 


31^4  NKw  .lKl{^^F,v  ('< >r.t )NrA r.  noci'MKNTs.  [ICtSii 

/-'///"/•//,  /:'i//n//-t/  /ii///i//H/i \  .]iinns  lirdiii'  .  WiUltiin  (i')h- 
xnii,   TIkhikis   Ii(ii'kii\   liohi'i'l     '/'iirii<r   and    TJnninis    W(tr)if^ 

their  Heirs  and  Assigns,  Pr(»})ri('toi"s  of  the  said  Province 
of  K<isi  S(in-J(u:s<>/,  for  the  Time  being,  as  fnlly  and 
amply  to  all  intents,  Constiaictioiis,  and  Piir])Oses,  as  his 
said  Royal  Highness,  or  liis  Heirs,  might,  could  oi-  ought 
to  hold,  enjoy,  use,  exercise  or  execute  tlie  same  hy  force 
and  \irtue  of  the  said  several  and  respective  ])efore  recited 
Letters  Patents,  or  either  of  them,  or  any  Thing  in  them, 
or  either  or  any  of  them,  contained  or  otherwise  howso- 
ever. Provided  always,  that  these  Presents  be  entered 
with  the  Auditor  General  of  his  said  Royal  Highness  with- 
in two  Months  next  after  the  Date  hereof.  In  Witness 
whereof  the  Parties  above  mentioned  to  these  present 
Indentures,  interchangeably  liave  set  their  Hands  and 
Seals,  the  Dav  and  Year  fii-st  above  M*ritten. 


^^^ 


Sealed    and    delivered    by    his    Royal    Highness,   in   the 
Presence  of  Ro.  Werden, 

William  Ckofts, 
Jonx  AsiiTON. 


Miiiiihs    of    PinnKij}  I'il  n  i((     J 'fci'i  iiridl    ('oiiiicil. 
[From  " Pennaylvania  Colouial  Recorda,"  Vol.  I.,  p.  ".'">.) 

At   a   rouiicil   held   at    Pliihidclphla  y   <;"'   ..f  y"  4'"    Mo 
168.". 

Pum:>kni 
W*'  I'k.nn.  Piu|)'  and  (iov'' of  y''  J*i'o\  incc  of  PcnnsiK  aiiiu 

and  Counties  annexed. 
Ralph  Wither.s,  Win  (Mark.  Tho:  Holmes 

Chr:  Taylor,  Win.  Ilaigne,  Lasse  Cock 

A  Debate  was  held  Concerning  Lett'"  Sent  from  East 
Jersey  to  England,  whereupon,  Rob'  Stacey  was  cald  in, 


1683]  FUNDAMENTAL    CONSTITUTION.  395 

and  he  saith  that  if  this  Council  would  be  pleased  to  make 
their  Complaint,  that  y"  people  of  East  Jersey  will  make 
them  all  y^  Satisfaction  that  can  possibly  be  given. 

Whereupon,  James  Harrison,  Chris.  Tajdor  &  Tho: 
Holmes,  were  Deputed  by  Gov''  Penn,  to  goe  to  East  Jer- 
sey and  Communicate  to  y''  Gov'"  &  Council,  their  Cer- 
taine  passages  written  to  England,  by  some  of  their  Prov- 
ince, as  Injurious  to  the  Welfare  and  Prosperity  of  this. 

Adjourned  till  ye"^  8'"  day  4"'  Mo.,  83. 


Form  of  Governiuent  for  East  Jersey.^ 

[I'rom  '•  Grauts  and  Concessions,"  p.  153.] 

The  FondameDtal  CoiyrsTiTUTioNS  for  the  Province 
of  East  New  Jersey  in  America,  Anno  Domini 
1683. 

Since  the  Right  of  Government,  as  well  as  Soil,  is  in 
the  Four  and  Twenty  Proprietors,  and  that  the  same  is 
confirmed  to  them  a  new  by  a  late  Patent  from  James 
Duke  of  York,  Pursuant  of  Patent  granted  to  him  from 
the  King ;  the  Proprietors  for  the  well  ordering  and  gov- 
erning of  the  said  Province,  according  to  the  Powers  con- 
veyed to  them,  do  grant  and  declare,  that  the  Government 
thereof  shall  be  as  followeth,  vi/. 

I.  That  altho'  the  Four  and  Twenty  Proprietors  have 
formerly  made  choice  of  Jtohert  Barclay,  Esq  ;  for  Gov- 
ernor, during  his  natural  Life,  and  to  serve  by  a  Deputy 
to  be  approved  of  by  sixteen  of  the  Proprietors,  until  he 
himself  shall  be  upon  the  Place,  which  is  by  these  Presents 
ratified  and  confirmed,  to  all  Intents  and  Purposes:  Yet 
after  the  Decease  of  the  said  Robert  Barckly,  or  by  lieason 
of  his  Malversation,  the  Proprietors  shall  find  Cause  to 
divest  him  of  the  Government,  the  Four  and  Twenty  Pro- 

1  Agreed  upon  by  sixteen  of  the  twenty-four  Proprietors. 


3r>r»  NEW    JERSEY    COLONIAL    DodMEXTS.  [1683 

])i'ietors  bliall  oliouse  a  Governor;  in  order  to  which  it 
shall  lit'  in  the  Power  of  each  of  them  to  name  One,  and 
Sixteen  of  tin-  l-'oiiraiitj  'rwcnty  hliall  detennine  it:  AVliidi 
Governor  shall  he  ohlii^ed  to  sei've  and  reside  upon  the 
Place,  and  shall  oidy  cmitinne  for  thive  Years  ;  and  if  any 
shall  dirccth'  m-  itidii'cct  ly  |ii-(>|t(MiiMl  or  advise  the  C'on- 
tiniiaiicc  \'i<y  any  Inii^ci'  'rime,  or  of  new  to  choose  him 
ai;aiu,  or  his  Son.  within  the  three  Yeai's,  it  shall  he 
esteemed  a  heti-ayiiii^'  ttf  the  puhlick  JJherty  of  the  Pi'ov- 
hice  ;  and  the  Actors  shall  he  esteemed  as  puhlick  Ene- 
mies ;  and  the  said  (tovernoi'  that  shall  he  so  continued. 
shall  hi'  reputed  gnilty  of  the  same,  not  only  hy  Reason  of 
his  acceptance  of  that  Contiiuiatioii.  hut  also  hy  Peason  (d 
any  kind  of  Solicitation  whidi  he  may  dii'ectly  oi-  indirect- 
h  ha\'e  endeavonred.  If  the  (Joxcrnor  so  do  die  liefore 
the  thi'ce  Years  he  e\]iired,  the  I'ropi'ietors  shall  choose 
one  to  su])ply  his  Place,  lor  the  Time  the  other  should 
held  it,  and  no  longer,  r rorhhil ^  that  this  Limitation  of 
three  Yi-ai-s  aho\  ('mentioned,  do  not  extend  to  the  Deputy 
(Jovernor  of  h'olx/'f  Ilni'i-lmi^  for  seven  ^  ears  after  the 
passing  of  those  Constitutions,  who  may  he  for  a  longer 
Time  than  three  ^'ears,  if  the  Pro))rii'tors  see  meet. 

II.  That  for  the  (iovet'iiment  of  the  Province,  there 
shall  lie  a  gi-eat  ('ouncil.  to  consist  of  the  Foui-  and  Twenty 
Propi'ietors.  or  their  L'roxies  in  tlu'ir  Ahscnce,  and  ( )nt* 
lluudicd  I'oi'ty  four  to  he  chosen  hy  the  Freemen  of  the 
Provinci'.  J^)ut  forasmuch  as  there  are  not  at  present  so 
many  Towns  hnilt  as  there  may  he  hereafter,  nor  the  Pi-ov- 
ince  divided  int(t  such  Counties  as  it  may  he  hereafter 
di\ided  into,  and  that  conse<iuently  no  certain  Division 
can  he  made  how  many  shall  he  chosen  for  each  Town  and 
County;  at  ]»rt'>('iit  hour  and  Twenty  shall  he  chosen  for 
the  eight  Towns  that  are  at  present  in  heing,  and  Eight 
and  Foi'ty  for  tlu'  County,  making  together  Seventy  two 
and  with  tiic  Foui-  and  Twenty  Proprietors.  Ninety  six 
Persons,  till  such  I'imes  as  the  great  Council  shall  see  meet 
to   call   the    ahove   mentioned    Numher  of   One   Hundred 


1683]  FUNDAMENTAL    CONSTITUTION.  397 

Forty  four,  and  tlien  shall  be  determined  by  the  great 
Council,  how  many  shall  come  out  of  eacli  Town  and 
County  ;  but  every  Year  they  shall  choose  one  third,  and 
the  fii-st  chosen  shall  I'emain  for  three  Years,  and  they 
that  go  <mt  shall  not  be  ca[>al)le  to  come  in  again  for  two 
Years  after,  and  therefore  they  shall  not  be  put  in  the 
Ballot  in  Elections  for  that  Year  :  And  in  order  to  this 
Election,  they  shall  in  course  meet  in  their  several  Bor- 
oughs and  Counties  the  Six  and  Twentieth  Day  of  jSlarch^ 
beginning  in  the  Year  One  Thousand  Six  Hundred  Eighty 
four,  and  choose  their  several  Representatives ;  M'hose  iirst 
Day  of  meeting  shall  be  the  Twentieth  of  April  after- 
M-ards  ;  and  they  shall  sit  uj)on  their  own  Adjournments, 
if  they  see  meet,  till  the  Twentieth  of  Julij  following,  and 
then  to  be  disolved  till  the  next  Yeai',  uidess  the  Governor 
and  common  Council  think  fit  to  continue  them  longer, 
or  call  them  in  the  Intervail ;  but  if  any  of  those  Days  fall 
on  the  first  Day  of  the  Week,  it  shall  be  deferred  until  the 
next  Day. 

III.  The  Persons  (pialitied  to  be  Freemen,  that  are 
capable  to  choose  and  be  chosen  in  the  great  Council, 
shall  be  every  Planter  and  Inhabitant  dwelling  and  resid- 
ing within  the  Province,  who  hath  ac(]uired  Rights  to 
and  is  in  Possession  of  Fifty  Acres  of  (Iround,  and  hath 
cultivated  ten  Acres  of  it ;  or  in  Boroughs,  who  have  a 
House  and  three  Acres;  or  have  a  House  and  Land  only 
hired,  if  he  can  prove  he  have  Fifty  Pounds  in  Stock  of 
his  own  :  And  all  Elections  must  be  free  and  voluntary, 
but  were  any  Bribe  or  indirect  Means  can  be  proved  to 
have  been  used,  both  the  giver  and  acquirer  shall  forfeit 
their  Priviledge  of  electing  and  being  elected  forever: 
And  for  the  full  preventing  of  all  indirect  Means,  the 
Election  shall  be  after  this  Manner,  the  Names  of  all  the 
Persons  qualified  in  each  County,  shall  l>e  put  in  ecpial 
pieces  of  Parchment,  and  prepared  by  the  Sherilf  and  his 
Clerk  the  Day  before,  and  at  the  Day  of  Election  shall  be 
put  in  a  Box,  and  Fifty  shall  be  taken  out  by  a  Boy  under 


398  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1683 

Ten  '^'ears  of  Age;  these  Fifty  sliall  Le  put  into  the  Box 
again,  and  tlie  first  Five  and  Twenty  then  taken  out  shall 
he  those  wlio  shall  l:)e  capable  to  be  ch«isen  for  that  Time  ; 
the  otlier  Five  and  Twenty  shall  by  Plurality  of  Votes, 
name  (of  the  aforesaid  Twenty  five)  twelve,  if  there  be 
three  to  be  chosen,  and  eight  if  there  be  two  to  stand  for 
it  ;  these  nominators  first  solemnly  declaring  before  the 
Sheriff,  that  they  shall  not  Name  an}-  known  to  them  to 
be  guilty  for  the  Time,  or  to  have  been  guilty  for  a  Year 
before,  of  Adultery,  Whoredom,  Drunkeness,  or  any  such 
Immorality,  or  who  is  Insolvent  or  a  Fool;  and  then  out 
of  the  Twelve  or  Eight  so  nominated,  tlwee  or  two  shall  be 
taken  by  the  Ballot  as  abovesaid. 

IV.  It  shall  be  the  Priviledge  of  every  Member  of  the 
great  Council,  to  pi'opose  any  Bill  in  Order  to  a  Law, 
which  being  admitted  to  be  debated,  shall  be  determined 
by  the  Vote,  wherein  two  Farts  of  three  shall  only  con- 
clude ;  but  of  this,  twelve  of  the  Proprietors,  or  their 
Pi'oxies,  must  be  assenting,  which  shall  also  be  requisite 
after  the  Number  of  P'reemen  are  double  :  Xor  shall  any 
Law  be  made  or  enacted  to  have  force  in  the  Province, 
which  any  ways  touches  upon  the  Goods  oi-  Lii)erties  of 
any  in  it,  but  what  thus  passeth  in  the  great  Council ;  and 
whoever  shall  levy,  collect  or  pay  any  Money  or  Goods 
without  a  Law  thus  passed,  shall  be  held  a  ptd)lick  Enemy 
to  the  Province,  and  a  betrayer  of  the  ])ublick  Liberty 
thereof:  Also  the  Quorum  of  this  great  Council  shall  be 
half  of  the  Proprietors,  or  their  Proxies,  and  half  of  the 
Freemen  at  least ;  and  in  Determination,  the  propor- 
tionable assent  of  both  Proprietors  and  Freemen  must 
agree,  viz,  two  Parts  of  whatever  Nund)er  of  Freemen, 
and  one  half  of  whatevei-  Number  of  Propriett)rs  are 
present. 

V.  For  the  constant  Govermneiit  of  the  Pj'ovince  there 
shall  bo  with  the  (lovernor  a  common  Council,  consisting 
of  the  l"'<iur  and  Twenty  Proprietors,  or  tlu-ir  Proxies,  and 
TmcIvc    o\'   the     l'"ret'nien.    which    shall    be    chosen    l)v    the 


1683]  FUNDAMENTAL    CONSTITUTION.  399 

Ballot  out  of  the  Freemen  of  the  great  Council,  and  shall 
successively  go  off  each  Year  as  they  do;  which  Common 
Council  will  thus  consist  of  Six  and  Thirty,  whereof  they 
shall  be  three  Committees  ;  twelve  for  the  publick  Policy, 
and  to  look  to  Manners,  Pxlucation  and  Arts ;  twelve  for 
Trade  and  Management  of  the  publick  Treasury  ;  and 
Twelve  for  Plantations  and  regulating  of  all  Things,  as 
well  as  deciding  all  Controversies  relating  to  them  :  In 
each  Committee  Eight  shall  be  of  the  Proprietors,  or  their 
Proxies,  and  four  of  the  Freemen  ;  Each  of  these  CJonmiit- 
tees  shall  meet  at  least  once  a  Week,  and  all  the  Thirty  six 
once  in  two  Months,  and  oftner,  in  such  Places  and  at  such 
Times  as  they  shall  find  most  convenient.  And  if  it  lia,])- 
pen  the  JSTumber  of  P'reemen  in  the  great  Council  to  be 
doubled,  there  shall  also  be  Twelve  more  of  them  be  added 
to  the  Common  Council  ;  in  this  Common  Council  and 
those  several  Committees  the  one  half  shall  be  a  Quorum, 
as  in  the  former  Article. 

VI.  All  Law's  shall  be  published  and  ran  in  the  Name  of 
the  Governor,  Proj^i'ietors  and  Rej^resentatives  of  the  Free- 
men of  the  Province,  and  shall  be  signed  by  two  of  the 
Proprietors,  two  of  the  Freemen,  the  Secretary  and  the 
Governor,  or  Deputy  Governor  for  the  Time  being,  whft 
shall  preside  in  all  Meetings,  and  have  two  Votes,  but 
shall  no  ways  pretend  to  any  negative  Vote:  But  if  he  or 
they  refuse  to  do  his  or  their  Duty,  or  be  accused  of  Mal- 
versation, he  shall  be  liable  to  the  Censure  of  the  Pro 
prietors,  and  if  turned  out,  there  shall  be  another  chosen 
to  fullfil  his  Time  as  is  abovesaid. 

VII.  Forasmuch  as  by  the  Concessions  and  Agree- 
ments of  the  former  Proprietors,  {to  wit)  the  Lord  Berke- 
ley and  Sir  Geonje  Carteret,  to  and  with  all  and  every  the 
Adventurers  and  all  such  as  shall  settle  and  plant  in  the 
Province  in  Anno  1661:,  it  is  consented  and  agreed  by  the 
six  and  seven  Articles,  that  the  great  Assembly'  should 
have  Power,  by  Act  confii-med  as  there  expressed,  to  ei'ect. 
raise   and    build    within    the  said    Province,   or    any   Part 


400  Ni:W    .lERSEY    COLONIAL    !)(>(  I  ^rKNTS.  [1683 

thereof,  such  and  so  iiuiiiv  I'urts,  Castles.  C'ities  ami  (»ther 
Places  of  Defence,  and  tlic  >anic.  ur  miv  of  tiicni,  to  fortify 
and  furnish  with  such  Provisions  and  Pi-opoi'tioiis  of  Ordi- 
nance, powder,  Shot,  .\nuour  and  ;dl  other  Weajtons, 
Aniniunition  ;ind  Alrihncnts  of  AV;ii',  Itoth  OtTensive  ami 
Defensive,  as  shall  he  thought  necessary  and  convenient 
for  tlu'  Safetv  and  AVdlfare  of  the  said  Province;  as  also 
to  constitute  Train  P>ands  and  C'onij)anies,  with  the  Xum- 
])cr  of  tlu'  Soldiers,  for  the  Safety,  Stren»i-th  ami  Defence 
of  the  aforesaid  ProN  ince  ;  to  suppress  all  Alutinies  and 
lu'ltellions ;  to  make  War  Offensive  and  Defensive,  against 
;ill  aii<l  every  one  that  shall  infest  the  said  Pro\ince.  not 
only  to  keep  the  Enemy  <»ut  of  their  Limits,  but  also,  in 
Case  of  necessity,  the  Kncmy  by  Sea  and  Land  to  pursue 
out  of  the  Limits  nnd  durisdiction  of  tlie  said  Province. 
And  that  amongst  the  present  Propriet(U's  there  are  several 
that  declare,  that  they  have  no  freedom  to  defend  them- 
selves with  Arms,  and  others  who  judge  it  their  Duty  to 
defend  themselves,  Wives  and  Children,  with  Ai'ms;  it  is 
therefore  agi-eed  and  consented  to,  and  they  the  said  Pro- 
prietoi-s  do  by  these  Presents  agree  and  consent,  that  they 
will  not  in  this  Case  force  each  other  against  their  respec- 
tive dudgments  ami  Consciences;  in  oi'der  whereunto  it  is 
Eesolved,  that  on  the  one  Side,  no  Man  that  declares  he 
caniu)t  for  Conscience  sake  bear  Arms,  whether  Proprietor 
or  Planter,  shall  be  at  any  Time  put  u})on  so  doing  in  his 
own  I'erson,  nor  yet  upon  sending  any  to  serve  in  his  stead. 
And  on  the  other  side,  those  who  do  judge  it  their  Duty 
to  bear  Arms  for  tlu-  publick  Defence,  shall  \\-a\v  their 
Liberty  to  do  in  a  legal  Way.  In  pursuance  wheivof. 
there  shall  be  a  foui'th  Committee  ereetecl,  eonsisting  of 
six  T^i'oprietors,  or  their  Proxies,  ami  three  of  the  Free- 
men, that  are  to  set  in  the  other  three  Committees,  which 
shall  be  such  as  to  understand  it  their  Duty  t(»  use  Arms 
for  the  publick  Detenci' :  which  Committee  shall  provide 
for  the  publick  Defence  without  and  I'eace  within,  against 
all  Knemies  whatsoever  ;  and   ^hall   therefore  be  stiled,  the 


1683]  FUNDAMENTAL    CONSTITUTION.  401 

Comiiiitteo  for  the    Preservatiuii   of  the    pnbJiek   Peace: 
And  that  all  Things  may  proceed  in  good  Order,  the  said 
(\inunittee  shall  propound  to  the  great  Council  what  they 
judge  Convenient  and  Necessary  for  the  keeping  the  Peace 
within  the  said  Pi-ovince,  and  for  ])ublick  Defence  M'ith- 
out,  bv  tlie  said  gi'eat   Council  to  be  approved  and  cor- 
rected, as  they,  according   to  exigence   of   Atfairs,    shall 
judge  fit ;  the  Execution  of  which  Resolutions  of  the  great 
Council  shall  be  committed  to  the  Care  of  the  said  Com- 
mittee.    But  because  through  tlie  Scruples  of  such  of  the 
Proprietors,  or  their  Proxies,  as  have  no  freedom  to  use 
Arms,  the  Kesolutions  of  the  great  Council  may  l)e  in  this 
Point  obstructed,  it  is  resolved  and  agreed,  and  it  is  by 
these  Presents  resolved  and  agreed,  that  in  Things  of  this 
Nature,  the  Votes  of  these  Proprietors  shall  only  be  of 
Weight  at  such  Time  or  Times  as  one  of  these  two  Points 
are   under    Deliberation,    which    shall   not    be    concluded 
where  Twelve  of  the  Proi)rietors  and  two  Thirds  of  the 
whole  Council,  as  in  other  Cases,  are  not  consenting,  (that 
is  to    say)   First,  whether,  to  S2)eak  after  the  Manner  of 
JNIen,  (and  abstractly  from  a  Man's  Perswasion  in  Matters 
of  Peligioni  it  be  convenient  and  suitable  to  the  present 
Condition    or  Capacity  of   the  Inhabitants,  to   build   anv 
Forts,  Castles  or  any  other  Places  of  Defence  i   If  yea ; 
where  and  in  what  Places  (to  speak  as  Men)  they    ought 
to   be   erected.     Secondly,  whether  there  be   any  present 
or  future  foreseen   Danger,   that  may,   (to   speak   as  Men 
without  I'espect  t(»   ones  particular  Persw'asion  in  Matters 
of  Religion)  j-equii'e  the  i)utting  the  Province  into  a  Pos- 
ture of  J)efence,  or  to  nuike  use  of  those  Means  which  we 
at  present  have,  or  which,  from  time  to  time  as  occasion 
may  recpdre,  according  to  the  Capacity  of  the  Inhabitants, 
we  may  have  ;    which  Ability  and   Conveniency  of  those 
Means  of  Defence,  and  (to  speak  as  Men  without  respect 
to  any  Man's  Judgment  in  Matters  of  Religion)  the  neces- 
sity of  the  actual  Use  thereof,  being  once  resolved  upon; 
all  fui'tjier  Deliberations  about  it.  as  the   raising  of  Men, 


402  NKW    JEKSEY    (ULoXIAL    !>• « IMKNTS.  [1683 

ijiviiii:;  oi'  ('i»minissi()ns  bittli  by  Sea  and  LuihI,  uiukiiii; 
(Tovt'i-iinrs  of  Forts,  mid  providing  MoiK'V  iiecess^arv  for 
inaiiitiiiiiiiii:-  tlie  >aiiie.  shall  belong  only  to  those  Members 
of  the  (ireat  ("oiuu-il  who  judge  themselves  in  Duty  b<iund 
ro  make  I'se  of  Arms  for  the  Defence  of  them  and  theirs. 
rKi'\ii)):i).  that  they  shall  not  conelnde  any  'i'liing  hut  Ity 
the  Consent  of  at  least  five  Parts  out  of  six  of  their  Xum- 
f»er  ;  and  that  none  of  the  J*ro})rietors  and  other  lidiabit- 
ants  may  be  forced  to  contril)ute  any  Money  for  the  I'se 
of  Arms,  to  whieh  for  Conscience  sake  tliey  have  not  free- 
dom, that  which  is  necessary  for  the  publick  Defence,  shall 
be  borne  by  sncli  as  judge  themselves  in  Duty  bound  to 
nse  Arms.  Pkovided,  that  the  other,  that  for  Conscience 
sake  do  oppose  the  bearing  of  Arms,  shall  on  the  other 
Hand  bear  so  much  in  other  ('harges,  as  may  make  uj»  that 
I*roportion  in  the  general  Charge  of  the  Province.  And 
as  the  refusing  to  subscribe  such  Acts  concerning  tin.'  I  se 
and  Exercise  of  Arms  abovesaid.  in  the  (rovernor  and 
Secretary,  if  scrupulous  in  ( 'onscience  s(»  to  do,  shall  not 
be  esteemed  in  them  an  Omission  of  neglect  of  Duty,  so 
the  wanting  thereof  shall  not  make  such  Acts  invalid,  they 
being  in  lieu  thej'e<»f.  subscribed  by  the  nuijoi-  Part  of  the 
six  J*i'o])rietors  of  the  Coniniittfc  tor  the  Preservation  of 
the  publick  Peace. 

VIII.  Tlie  clKidsiiig  the  gi'eat  and  publick  Ofticers.  as 
Secretary.  Registi'r,  Ti'easnrer,  Sur\'eyor  (teneral.  Marshal, 
and  after  heath  ny  turning  out  of  those  now  first  to  be 
noniinate(l.  shall  be  in  the  (bnei'Uoi'  and  Coinnion  ('oun- 
cil  ;  as  ■,\]>i>  of  all  Sherifs.  .hidgi's.  and  .lustices  (tf  the 
I'eace.  Ihit  np«)n  any  Mal\er>ation  or  Accusatiiui.  they 
shall  be  liable  ti>  the  Examination  and  ( 'ensnre  of  tlu'  great 
('ouncil,  and  if  condemuM  by  them,  the  (bi\ernur  and 
Common  ('i>uncil  must  Name  other>  in  their  Places. 

IX.  J'ko\  ii>i:i),  That  all  iHiroiighs  shall  ciioo.-^e  tlu-ii' 
own  Magistrates,  and  the  Hundreds  in  the  ("ounly,  their 
Constables  or  under  OlUcers,  in  such  Manner  as  shall  be 
agi-eed  to  by  the  gn-at  Council, 


16S3]  FUNDAMENTAL    CONSTITUTION.  403 

X.  Forasmuch  as  by  the  Patent,  the  Power  of  pardon- 
ing in  capital  Offences,  is  vested  in  the  Four  and  Twenty 
Proprietors ;  it  is  hereby  decLared,  that  the  said  Power  of 
pardoning  shall  never  be  made  Use  of  but  by  the  Consent 
of  Eighteen  of  the  Proprietors,  or  their  Proxies  :  JN^ever- 
theless,  it  sliall  be  in  the  Power  of  the  Governor,  in  Con- 
junction with  four  Proprietors,  who  for  the  Time  are 
Judges  of  the  Court  of  Appeals,  to  repreive  any  Person 
after  the  Day  of  Execution  appointed,  for  some  time,  not 
exceeding  a  Month. 

XI.  The  four  and  Twenty  Proprietors,  in  their  Ab- 
sence may  Vote  in  the  Great  and  Common  Council  by 
their  Proxies  ;  One  Proprietor  may  be  Proxy  for  another, 
yet  so  as  not  but  for  one,  so  that  none  can  have  above  two 
Votes  :  The  Proxies  of  the  Proprietors  must  be  sucli  as  has 
Shares  in  Properties  not  under  a  Twentieth  Part. 

XII.  That  whoever  has  any  Place  of  publick  Trust  in 
another  Province,  tho'  a  Proprietor,  shall  not  sit  in  the 
great  or  common  Council,  but  by  their  Proxies,  unless 
therer.nto  particularly  called  by  the  one  or  other  Council. 

XIII.  Whatever  Proprietor  doth  not  retain  at  least  one 
fourth  Part  of  his  Propriety,  I'ls.  one  Ninety  sixth  Part 
of  tlie  Country,  shall  loose  the  Right  of  Government,  and 
it  shall  pass  to  him  who  has  the  greatest  Share  of  that 
Propriety,  exceeding  the  above  mentioned  Proportion : 
l^>iit  if  two  or  three  has  each  one  Xinety  sixth  Part,  they 
shall  have  it  successively  Year  about,  like  as  when  a  Pro- 
priety is  in  two  Hands,  he  who  is  upon  the  Phice,  if  the 
otlier  be  absent,  sick  or  under  Age,  shall  still  have  it ;  but 
if  both  there,  then  by  Turns  as  abovesaid ;  and  if  in  a  pro- 
vided Propriety  all  be  absent,  the  Proxies  must  be  consti- 
tuted by  both  ;  if  but  two  or  the  greater  Xumber  if  there 
be  more.  And  if  any  wlio  sells  a  Part  of  his  Propriety, 
and  retains  one  Xinety  sixth  Part  and  the  Title  of  the 
Government  Portion  be  absent,  whoever  has  Shares  for 
him,  not  under  one  Xinety  sixth  Part,  being  present,  shall 
set  for  him,  whetlier  having  a  Proxy  or  not ;  and  if  there 


4<l4  NKW    .IKKSKV    rtH,(iMAI,    1»0<  TMENTS.  [1683 

lie  iiioi-c  than  one.  it  shall  u-o  hv  Turns  as  altvi\o.  J>ut 
Iti'Ciiust'  after  sunietinie  by  Di\isi(in  anioiii;'  ('hildrL'n,  it 
niav  ]iai>|)en  tliat  some  one  Twenty  fourth  Part  may  i)e  so 
•  jivided,  that  nut  any  one  may  have  one  fonrth  Part  of  a 
I'rojM'iety,  or  one  Ninety  sixth  Part  of  the  wholi-,  in  that 
Case  the  Proprietors  shall  elect  one  havinu'  nqt  under  one 
Ninety  sixth  Part,  to  bear  the  Character  of  the  Govern- 
ment for  that  Propriety  ;  Hut  it'  the  County  shall  fall  to  he 
so  divided,  that  tliere  shall  not  be  ibu:ul  four  and  'I'wenty 
Persons  who  liave  one  Ninety  sixth  Part  each  ;  then  who- 
ever has  Five  Thousand  Aeres,  shall  be  ca])able  to  be 
chosen  to  be  one  of  the  four  and  Twenty,  and  that  by  the 
rest  of  the  Pi-oprietoi-s.  by  the  iJallot,  each  lia'.ino-  privi- 
ledge  to  list  one;  but  tlii^  not  to  take  Place  till  Fortv 
Years  after  the  settlini;'  of  rliest-  Constitutions:  And  if 
Tvventv  Years  after  the  Expiration  of  the  I'orty  \  cai's 
above  nuMitioned,  it  shall  fall  our  that  four  and  Twenty 
Persons  cannot  be  found  wiio  ha\i'  each  l-'ive  Thousand 
Acres.it  shall  be  then  in  the  Power  of  the  great  Council 
to  make  a  less  Xund)er  of  Aeres  sutficient  to  carry  tlie 
Character  of  the  Go\  ei'nnu'iit.  [iro\  ided  the}'  bring  it  not 
under  tliree  Thousand  x\cres  (the  Proi)rietors  being  always 
Electors  as  abovesaid)  Xo  Proprietor  under  One  and 
Twenty  Y'"ears  shall  be  admitted  to  \'ote,  but  during  Non- 
age there  shall  be  a  Proxy  appointed  by  tlie  Tutoi-.  and 
failing  that.  l)y  the  other  Pro})rietors. 

XIY.  In  all  Ci\il  and  Ordinary  Actions,  the  Projirie- 
tors  shall  be  judged  after  the  same  manner,  and  lyable  to 
the  same  censure  with  any  other;  but  in  all  cases  that  are 
Capital,  oi-  may  inferr  for  Forfeiture  of  their  Trust  or 
l*ro})iMetorshii>.  they  shall  1)6  adjudged  by  a.Iury  of  Twelve 
(»f  the  J^i-oprietors,  or  their  Proxies,  or  such  as  has  Share 
in  a  Proi)riety  not  uiuler  one  Twentietii  J'art ;  tlie  i'ill 
being  first  f(»uiid  relievant  against  them  by  a  Grand  durv 
of  Twelve  Proj)rietors  and  Twtdve  tree  Men  to  be  chosen 
l»v  the  r>allot.  as  in  Article  nineteen. 

X\.      I'or    presei'ving  a    riulit   ballance.    no    Pro|>i'ietor 


1()S;>]  FUNDAMEXTAL    OONSTITUTIOX.  -KX") 

sliall  at  any  Time  require  or  j^nrchase  more  than  liis  one 
Four  and  Twentieth  Part  of  tlie  Country;  but  if  by  any 
accident,  moi'e  foil  into  the  Hands  of  any  of  the  Proprie- 
tors, he  may  be  allowed  to  disjiose  of  it  to  his  Children, 
tho'  under  Age,  3^et  not  so  as  to  acquire  to  himself  more 
than  one  Yote  besides  his  own  :  but  if  such  an  accjuii-cr 
have  no  Children  he  shall  be  obliged  to  sell  it  within  one 
Year  after  he  has  acquired  it,  nor  shall  he  evade  this  by 
])utting  in  anothers  Name  in  Trust  for  him  ;  but  shall  uj)oii 
his  Assignment  solemnly  declare  himself  to  be  realy  and 
eifectually  divested  of  it  for  the  proper  use  of  him  it  is 
assign'd  to  :  And  if  within  three  Years  he  find  not  a  Mer- 
chant, he  shall  be  obliged  to  dispose  of  it  at  the  Current 
Rate  to  the  rest  of  the  Proprietors,  to  be  holden  in  com- 
mon by  them,  who  shall  appoint  one  to  bear  that  Charac- 
ter in  the  Government,  untill  such  a  Share  of  it  fall  in  one 
Hand,  by  a  former  Article  may  render  liim  capable,  by  the 
consent  of  two  Parts  of  tlie  other  Proprietors,  to  have  the 
Power  devolved  in  him  ;  and  if  by  this  or  any  other  Acci- 
dent one  or  more  Azotes  be  wanting  in  the  Intereni,  the 
Proprietors  shall  name  others  (juallitied  as  above  to  supply 
their  Places. 

XYT.  All  Persons  lix'ing  in  the  Province  who  confess 
and  acknowledge  the  one  Almighty  and  Eternal  (lod,  and 
holds  themselves  obliged  in  Conscience  to  live  peaceably 
and  quietly  in  a  civil  Society,  shall  in  no  way  be  molested 
oi-  prejudged  for  their  Religious  Perswasions  and  Exercise 
in  matters  of  Faith  and  Worshi]) ;  nor  shall  they  be  com- 
pelled to  frequent  and  maintain  any  Religious  Worship, 
Place  or  Ministry  whatsoever  :  Yet  it  is  also  hereby  pro- 
vided, that  no  Man  shall  be  admitted  a  Member  of  the 
Great  or  Common  Council,  or  any  other  Place  of  publick 
Trust,  who  shall  not  profess  Faith  in  Chrlsf-Jc-'oi.^,  and 
solemnly  declare  that  he  doth  no  ways  hold  himself  obliged 
in  Conscience  to  endeavour  alteration  in  the  Government, 
or  seeks  the  turning  out  of  any  in  it  or  their  ruin  or  preju- 
dice, either  in   Person  (»r  Estate,  because  they  are  in  his 


4(»n  NKW  .n:i{si:Y  coi.onim.  i >< »  i  m knts.  [IGbo 

()|»iiii()n  IliToticks,  or  differ  in  rlicir  .Induiiient  iVoin  liiin  : 
^'or  Ity  tin's  Article  is  it  intoiidcil.  that  aiiv  uikUm-  the 
Notion  of  this  l.ilti'rty  sliall  allow  thi'insclvos  to  avow 
Atheism,  Ii'r('liii:i(»iisiiL's>.  or  to  pi'actice  Cursin«:'.  Swcar- 
ini;,  Driinkeness,  Pi-ophancss,  Whoriiii;',  Adultery.  ]\Iur- 
derin^'  oi-  any  hind  of  \ioleneo,  or  iiuhiluinu'  themselves 
in  Sta^-e  J'lays,  jNfasks,  Uevells  or  sueh  like  ahuses ;  for 
restraining  such  and  preserving  of  the  J*eo])le  in  Deli- 
i>'ence  and  in  o-ood  Order,  the  gi-eat  (Jouncil  is  to  make 
more  pai'ticular  Laws,  which  are  punctually  to  he  |)ut  in 
P^xecution. 

XVll.  To  the  end  that  all  Otlicers  cIk. en  to  serve 
within  tlie  Pi-oAince,  may  with  the  more  Care  and  deli- 
o-enee  Answer  the  Trust  re]ii»(Ml  in  them  :  it  is  aijreed, 
that  no  such  Person  shall  enjoy  nioi'e  than  one  ])ul)licl< 
Office  at  one  Tinu> :  Uut  least  at  iii-st  hefore  the  ( "ouiitry 
he  well  Planted,  there  miu'ht  he  in  this  some  Incon- 
veniency,  it  is  declared,  that  this  shall  not  necessarily  take 
Plaee  till  aftei-  the  Year  HiS;'). 

XMIl.  All  Chart,  Picrhts,  Crants  and  Conveyances  of 
J.and  (except  Leases  for  three  Years  and  undei')  and  all 
Bonds,  Wills,  and  Letters  of  Administration  and  Special- 
ties above  F'fiiJ  J^omitls,  and  not  nnder  six  JVfonths,  siiall 
l)e  Pe<;-istred  in  a  puhlick  Pegister  in  each  County,  else  be 
void  in  Law  :  Also  there  is  to  be  a  Register  in  each  County 
foi-  Pirths,  Marriages,  Burials  and  Servants,  where  their 
Names.  'J'inies,  "Wages  and  Days  of  Payment  shall  be 
Registred  ;  but  the  Method  and  Order  of  settling  those 
Pegisters  is  recommended  to  the  great  Council ;  as  also  the 
Fees  which  are  to  be  moderate  and  certain,  that  the  taking 
of  more  in  any  Oflice,  directly  or  indirectly  by  himself  or 
any  other,  shall  forfeit  his  Olhce. 

XIX.  That  no  i'crson  or  Peivon.s  within  the  said  J^rov- 
ince  shall  be  taken  and  im))i-isoned,  or  l)e  devised  of  his 
Fi-echold,  free  Custoni  or  Liherly.  or  he  outlawed  or  exiled, 
or  anv  other  AVay  destroyed  :  iior  shall  they  be  condemu'd 
or  Judgment  i)ass'd  upon  them,  but  by  lawful  Judgment 


1688]  J-rM»AMKNl  At,    CoXs'l'lTU'llON".  4<>7 

of  tlieir  J^eers  :  Neither  sliall  Justice  noi-  Right  be  bought 
or  sold,  deferred  or  delayed,  to  any  Person  wliatsoever  : 
In  order  to  wliieli  by  tlie  Laws  ot  the  Land,  all  Tryals 
shall  be  by  twelve  ]\len.  and  as  near  as  it  may  be.  Peers 
and  E(|uals,  and  of  tlie  Xeighbonrliood.  and  Men  withont 
jnst  Exception.  In  Cases  of  Life  there  shall  be  at  iirst 
Twenty  fonr  returned  by  tbe  Sheriff  for  a  Grand  Lujuest, 
of  whom  twelve  at  least  shall  be  to  find  the  Complaint  to 
be  true  ;  and  then  the  Twelve  Men  or  Peers  to  be  likewise 
retui-ned,  sliall  have  the  final  Judgment ;  but  reasonable 
Challanges  shall  be  always  admitted  against  the  Twelve 
Men,  or  any  of  them  :  Ijut  the  Manner  of  returning  Juries 
shall  be  thus,  the  Names  of  all  the  Freemen  above  live  and 
Twenty  Years  of  Age,  within  the  District  or  Boroughs  out 
of  which  the  Jury  is  to  be  returned,  shall  be  written  on 
equal  Pieces  of  Parchment  and  put  into  a  l^ox,  and  then 
the  Number  of  the  Jury  sliall  be  drawn  out  l>y  a  Child 
under  Ten  Years  of  Age.  And  in  all  Courts  Persons  of 
all  r^erswasions  may  freely  appear  in  their  own  Way,  and 
according  to  their  own  Manner,  and  there  jiersonally  plead 
their  own  Causes  themselves,  or  if  unaljle.  by  their  Friends, 
no  Person  being  allowed  to  take  Money  for  pleading  or 
advice  in  such  Cases  :  And  the  first  Process  shall  be  the 
Exhibition  of  the  Complaint  in  Court  fourteen  Days  be- 
fore the  Tryal,  and  the  Party  complained  against  may  be 
fitted  for  the  same,  he  or  she  shall  be  summoned  ten  Days 
before,  and  a  Copy  of  the  Complaint  delivered  at  their 
dwelling  House  :  l')Ut  before  the  Complaint  of  an}-  Person 
be  received,  he  shall  solemnly  declareMn  Court,  that  he 
l)elieves  in  his  Conscience  his  Cause  is  just.  Moreover, 
every  INfan  shall  bi'  first  cited  before  the  Court  foi-  the 
Place  where  he  dwells,  nor  shall  the  Cause  be  brought 
before  any  other  Court  Init  by  way  of  Ai)peal  from  Sen- 
tence of  the  first  Court,  for  receiving  of  M'liich  Appeals, 
there  shall  be  a  Court  consisting  of  eight  Persons,  and  the 
(jrovernor  (protempore)  President  thereof,  {to  irif)  four 
Proprietors  and   four  Freemen,   to  be   chosen   out  of  the 


4nh  SKW     .IKKsKV    ((iI-dMAI.    Ixii  IMKMs.  [108^') 

i^reat  Council  in  the  followiiii;-  Manner,  /v'r.  the  Names  of 
Sixteen  of  tlie  Pro])rietors  sliall  lie  written  on  small  })ieces 
of  Parchment  and  put  into  a  Box.  out  of  wliidi  by  a  Kad 
niidei*  Ten  Years  of  Aiiv,  shall  he  drawn  eiiiht  of  them, 
the  eiglit  remainini:;  in  the  l»o\  sliall  choose  four;  and  in 
like  Manner  shall  he  d(»ne  for  the  choosinii'  of  four  of  the 
Freemen. 

XX.  That  all  Mai-i'iages  not  forl)i(hlen  in  the  Law  of 
(Tod,  shall  he  esteejned  lawful,  wheri'  the  Parents  or 
(Tuardians  beini>-  first  acquainted,  the  ^lan-iaijje  is  ])ul>lick- 
ly  intimated  in  such  Places  and  l\raniu'r  as  is  ai^reeable 
to  Mens  different  Perswasions  in  PeliiiioJi,  being  after- 
wards still  solemni/cd  before  criMlitable  Witnesses,  by  tak- 
ing one  anotlxM'  a^  Ilnsliand  and  Wife,  and  a  certificate 
of  the  whole,  niider  tlie  rai'tie>  and  Witnesses  Hands, 
l)eing  brought  to  the  proper  Register  foi-  t  hat  1''im1.  iiikNt 
a  Pt'ualty  if  neglected. 

XXI.  That  all  AVitnesses  coming  or  called  to  te.-^tify 
theii-  Knowledge  in  oi-  to  any  Alattei-  oi-  Thing  in  any 
('ourt  or  before  any  lawful  Authority  within  the  Prov- 
inci'.  shall  there  give  and  deli\er  in  thciir  Kvidence  by 
solemnly  |tr(»missing  to  speak  the  Truth,  the  whole  Truth 
and  nothing  but  the  Truth,  to  the  Matter  in  (Question. 
And  in  Case  any  Perscui  so  doing  shall  be  afterwards  con- 
\'ict  of  ^villfn^  Falsehood.  l)otli  such  Persons  as  also  those 
who  have  ])roved  to  ha\e  snboi'u,  shall  undei'go  the 
hajnageand  Punishment  both  in  ('riminal  and  in  C'ixil  ; 
the  Person  against  whom  they  did  or  should  lia\e  incurred, 
which  if  it  ]"each  not  his  i^ife,  lie  shall  be  pul)lickly 
exposed  as  a  false  Witness,  ne\er  afterwards  to  be  ci-ed- 
ited  befoi'e  any  Court  ;  the  like  Punishment  in  Cases  of 
Forgery,  and  both  Criminals  to  be  stigmati/e(]. 

XXII.  F(Uii'teen  deal's  (|uiet  Possession  shall  give  an 
uni[uestionabIe  Pight,  exce])t  in  Cases  of  Infants,  Luna- 
ticks  or  maiiMt'd  \\'omen,  or  Persons  beyond  Sea  or  in 
Prison.  .\nd  whoever  forfeits  his  Kstate  to  the  Govei'n- 
ment   by   eonnnitting  Ti'easoii  against  the  Crown  of  J:L)i(/- 


lf)83]  FUXDAMENTAI.    CONSTnUTIOX,  40!> 

lain],  or  ill  this  Province,  or  by  any  other  capital  ('rime, 
the  nearest  of  Kin  may  redeem  it  witliin  two  Months  after 
the  Criminals  Death,  by  paying-  to  the  pnbliek  Treasury 
not  above  one  Unndred  Pounds,  and  not  under  five 
Pounds  Sterling,  which  Proportion  the  common  (•ouncil 
shall  determine,  according  to  the  A'alue  of  the  (h'iminals 
Estate,  and  to  the  Nature  of  the  Offence;  Peparation  t<» 
any  who  have  suffered  by  him,  and  Payment  of  ull  just 
Debts  being  alwa3's  allowed. 

XXIII.  For  avoiding  innumerable  IMultitude  of  Stat- 
utes, no  Act  to  be  made  by  the  great  Council  shall.be  in 
Force  above  Fifty  Years  after  it  is  enacted  ;  but  as  it  is 
then  (le  novo  coniirmed,  allways  excepting  these  four  and 
twenty  Fundamental  Articles,  which,  as  the  primiti^■e 
(Jharter,  is  forever  to  remain  in  force,  not  to  be  repealed 
at  any  Time  by  the  great  Council,  tho'  two  Parts  of  the 
Council  should  agree  to  it,  unless  two  and  Twenty  of  the 
four  and  Twenty  Proprietors  do  expressly  also  agi-ee,  and 
Sixty  six  of  Seventy  two  Freemen  ;  and  when  they  are 
one  Hundred  Forty  four,  one  Hundred  Thirty  two  of 
them  ;  and  also  this  assent  of  the  Proprietors  must  be 
either  by  their  being  present  in  their  own  Persons,  or 
giving  actually  their  Votes  under  their  Hands  and  Seals 
(if  elsewhere)  and  not  by  Proxies;  which  solemn  and 
express  assent  must  also  be  had  in  the  opening  of  Mines 
of  (rold  and  Silver  ;  and  if  such  be  opened,  one  third  Part 
of  the  Profit  is  to  go  to  the  publick  Treasury  ;  one  third  to 
1)0  divided  among  the  four  and  Twenty  Proprietors,  and 
one  third  to  Proprietor  or  Planter  in  whose  (Iround  it  is  ; 
the  Charges  by  each  proportionably  borne. 

XXIV.  It  is  finally  agreed,  that  both  the  Governor 
and  the  Members  of  the  great  and  common  Council,  the 
great  Officers,  Judges,  Sheriffs  and  Justices  of  the  Peace, 
and  all  other  Persons  of  publick  Trust,  shall  before  they 
enter  actually  upon  the  Exercise  of  any  of  the  Employs  in 
the  Province,  solemnly  ])romise  and  subsci'ibe  to  be  ti'ue 
and  faithful  to  the  King  of  KiKjhduL  his  Heirs  and  Sue- 


+  1"  M;U    .1KKS1';Y    (oLoNIaI.    Dm  i  mk.nts.  [U>m8 

ci'ssors,  ami  to  tlic  P)M|trii-tiH'.-,  ami  lir  shall  wi-ll  mikI  faitli- 
t'lillv  discharge  his  Office  in  all  Things  accordiiii;-  to  his 
('oniiiiissioM.  as  hy  these  l-'umlaiiu'iital  Constitutions  is 
(•ontirnu'(l.  thi'  tiiii'  Rinht  of  Liiierty  and  l*n»perty.  as 
well  as  the  jii>t  15allance  hotli  of  the  Pi'oj)rietoi's  anioni;- 
themselves,  and  betwixt  them  and  the  J'eople  :  It's  there- 
foiv  understood,  that  here  is  in(du<led  whatever  is  neces- 
sai-y  to  he  retained  in  the  lirst  Concessions,  so  that  lu'iice- 
forward  there  is  nothing  fnrther  to  be  proceeded  njxni  fi-oiu 
them,  that  which  relates  to  the  securing  of  every  Man's  I, and 
taken  nj)  ii})on  them,  being  allways  excepted.  Ami  I'm- 
r'lihi/  also,  that  all  judicial  and  legal  J  Proceedings  heretofore 
done  according  to  them,  be  held,  approved  and  confirmed. 

I h'li  1,1  innnil .  Iloh,  li  llnniit.  Iltir.  (i'i}>-st}n.  h'()}>irf 
(ii>ril(>ii.  diiii'n  I.inrrij.  J\'iih.  WiUiiini  ( i  ih.soii .  II  iH'miii 
J)iu-lii'V(i.  Thoimix  Ihiri.  TJuhhhx  liarh  /•  and  as  l*ro\y 
iov  Aiiihroxr  Jii(/(j.^.  CleiiKiif  l*Jiiiiisir(i(/,VYCt\\  iov  Ihn- 
<'l'iij-     Ar.  ■'^nii iixiii-'^.      Itolurf  JUriii/-  and    I /iuhkis  Conptr. 


JS^oif. — Jt  appears  on  Reading  the  foi'egoing  Iiisti  inm-nt, 

that  in   sundry  Places  the   Sense  is  not   compleat, 

but  it  is  likely  to  be  occasioned  bv  ( )missious  and 

neglects  in  IJeconh'ng,  and  therefore  if  the  <  )i'iginal 

can  lie  come  at,   it  will   be  pi'opei-  to   re-e\an)ine  the 

foregoing  Co])y  therewith. 

I,'(il><rt    liitrchnfs    Commission    In   Ix-    (ioNcrnor    is    not 

upon    Kccord,  but   his  Commission   for  that  Office  during 

liife,  is  recite<l  at  length  in  his  Commission  to  (nnr,,  Jjiw- 

I'ir  to  be  his  J)e])uty,  aiui  which  is  copyed. 

lie  had  no  doubt  a  teniporai'v  Commission  before  the 
Proprietors  gave  him  that  during  lafe,  because  he  aj)- 
pointed  TIkhiuih  llndydrd  his  Di'j^uty  (tovcimioi-  before 
the  Date  of  the  last  mentioiu'd,  and  he  continued  till 
Liiwi'ic  superseded  him.  but  as  his  Commission  is  very 
short  and  L(iiiir}<\'<  more  full,  besides  the  Recital  of  Jjitr- 
'•(((ys,  it  is  thought  sufficient  to  Copy  that  and  that  only, 
because  there  seems  nothing  material  to  be  taken  notice  of 
in  the  succcediuir  Commissions. 


168?>]  1  risDAMENIAL    t'OXSTITUTloN.  411 

See  a  few  Paffes  further,  a  Declaration  wluit  the  Plant- 
ers  settled  before  the  present  Proprietors  bouglit  the  Prov- 
ince, are  to  do  before  they  are  to  liave  the  Benefit  of  the 
foregoing  Constitntions. 


LetUr  of  the  Propr'tetors  of  East  Jer-sei/  to  th>    I*hiidn-x. 

(From  "  Grants  and  Concessions,"  p.  1(!7J 

To  the  Planters  aiul  Inliabitants  of  the  ProNiiice 
of  East  Jersey  in  America,  Egbert  Bae(u.ay, 
Governor  and  Pn^prietor,  and  the  other  Pro- 
prietors of  tlie  said  Pro^•ince,  send  Gi'eeting. 

Since  it  liath  pleased  Ahnighty  God  to  order  it  so  by 
his  Providence,  as  to  give  ns  the  Interest  we  hare  in  this 
Province  whereupon  you  reside.  We  desire  nothing  more 
then  to  approve  onrselves  in  this  Station  as  you  may  find 
yourselves  happy  in  this  our  Purchase :  And  we  do  not 
only  hold  ourselves  obliged  by  the  Laws  of  God,  and  just 
Laws  of  Men,  but  our  own  Interest,  to  use  all  lawful  auil 
honest  Means  to  make  that  Plantation  Prosperous,  which 
as  it  cannot  be  without  your  sharing  in  the  Ad\-antage  of 
it,  so  the  Satisfaction  and  Benefit  we  propose  to  ourselves 
is  by  the  good  Success  of  your  Aifairs,  which  we  are 
resolved  to  advance,  knowing  that  your  Interest  is  now  so 
bound  up  with  ours,  that  we  cannot  suffer  if  you  Prosper, 
nor  Prosper  where  you  are  injured,  Therefore  have  we 
sent  over  to  you  two  of  our  Number,  honest  and  prudent 
Men,  by  whose  good  Advice  and  Assistance  we  hope  the 
Plantation  will  be  benefited,  and  in  a  great  Measure  set- 
tled. We  have  given  them  Instructions,  and  we  are  con- 
fident of  their  Keadiness  thei-ein  to  shew  themselves  not 
only  just,  but  kind  and  friendly  towards  you,  to  confirm 
the  Rights  of  such  as  are  there  planted  upon  the  Conces- 
sions already  granted,  and  supply  the  defects  where  any 
want  a  sutficient  Right  upon  equal  and  easy  Terms ;  and 
so  do  every  Thing  else  that  towards  the  good  Government 
and  Advantage  of  the  Colony  may  be  needful :  They  can 


41-2 


XK\V    JKUSKV    ('Dr.iiMAI.    Ii(i(  IMENT? 


[\C>^' 


:i('([ii;iiiit  V'Mi,  tliat  tliciv  aiv  coiiecrird  with  us  \\]\<>  ;uv 
\  cry  capalilc  in  inaiiy  rcspt'cts,  both  to  advance  our  in>t 
Jiitcivst  aiul  pi'otcct  lis  fVuiu  those  tliat  may  attom])t  to 
liiirt  lis.  And  MeM'ill  he  very  ^^\nd  to  hear  tliat  all  Thing's 
procei'd  with  a  i:;ood  TIannony.  so  tliat  we  may  liave  only 
Oceasidii  to  use  our  Intui'cst  and  Autlit»ritv  to  encoiirai^e 
yon.  and  shall  he  wrll  satisfied  tluMV  be  no  need  of  that 
which  must  fake  Place  foi-  siip])ressin>j:  the  stubborn  and 
obstiiuite  ;  Itut  wc  will  liopc  to  find  none  such  anioiiij  yon  ; 
lint  that  the  dnstice  and  Generosity  of  our  Intentions  will 
oblio-e  all  to  a  careful  compliance  M'ith  onr  just  and  tViendly 
Demands;  so  committing;'  yow  all  to  the  Protection  of 
A  lniiulit\'  (iod.  we  reiii;iiii  \niir  I'cal   l-i'iends. 


rrm^ 


> 


MeyrO^A   --Crf^.c>:-^<^<=^^ 


TmoM  A^  \\'ll.<  iiX. 


Slff^i^ 


->ufi^ 


1683] 


FENWICKE  S  GKANT?;  IX  WEST  JERSEY. 


413 


Ldtt'i-  from  Jainrs  jS\'v!U  fo  Governor  J\rin. 

[From  '■  Penusyivauia  Archives,"  \'ol.  I..  j>.  oti.J 

Gov"  Penn  : 

I  liave  licrew^'^  sent  thee  an  ace*^  of  the  Lands  sold  and 
taken  vp  in  these  ptes  ;  I  desire  tliee  to  take  tlie  towne  of 
Salem  into  thy  lott ;  John  tfenu'iek  has  no  aeknowledgeni^ 
(hie  to  him  from  any  one  in  this  towne  ;  and  if  he  should 
keepe  his  Court  Leete  and  (\»urt  Barron  here,  it  would 
much  weaken  o''  Authority,  and  p"^'^  would  he  made,  Some 
for  Jo"  tfenwick's  Court,  others  3'''  Com'**,  most  out  of  ord'' ; 
1  foresee  the  inconveniency  that  will  attend  this  if  J.  ft", 
comes  to  Exercise  Jurisdiction  here  ;  I  hope  the  JXeck  of 
land  between  Oklmans-Creeke  it  iSalem,  is  in  thy  i-emem- 
branee,  and  wilbe  brought  into  thy  lymitts.  other\rise  both 
Towne  and  Country  wilbe  of  little  value ;  I  cannot  but  be 
concei'iied  for  the  people  here,  who  earnestly  desires  to  be 
vnder  thy  protection,  being  confidently  pswaded  thou  wilt 
imploy  thy  })ow''  for  their  good,  and  nuike  it  thy  worke  to 
])cure  their  Safety.  [  -^  ]  at  w'^^''  time  thy  p'sence  would 
be  very  acceptable  to  thy  Eeall  and  aft'ectionate  Friend 

Salem,  ye  23d  3  mo  1683  James  Nevill 

For  Gov*'  Wm.  Penn,  These,  with  care  cS::  speed. 

Lands  Sold,  (tc  by  John  ffeuwiclv  Since  his  Convey- 
ance made  to  Jon.  Edridoe  cVr  Edniond  AVarner  '** 


Cohamey. 

AciiK.S 

To  Sanii  Hedges 

l>.00() 

liich''  (ruy 

.     1.000 

Thomas  Smitli     . 

().2r>0- 

Eich'l  Lippincott     . 

.     1.000 

W"'  Shaddock     . 

0.i>.-)0 

W'"  Waythniau 

.     ().2T>0 

James  Peiice 

0.250 

W"  Worth       . 

.     0. 250 

Geo.  Morton 

0.500 

Wi"  Johnson   . 

.     0.250- 

lien.  Bourdeu 

0.800 

to  another 

.     1.000 

Bout-totnic. 

Mathias  Nelleson,  &c 

.      1.000 

Christany-neck. 

AcHKS 

Andrew  Sinicka,  ttc. 

.      O.OOO 

Finnspoiutc. 

Erigge  Yearins,  <tc. 

1.000 

Maneteii. 

Tho.  Watson 

0.200 

Marke  Reeve 

.     0.400 

Edw'i  Web  . 

0  ."00 

Kich'i  Tindall 

.     (».20O 

Isaac  Biirges 

o.;)0() 

12.100 

Andrew  Andras  &c 

.    00.400 

Total  is 

12.500 

1  Part  of  a  line  or  two  here  defaced.    Ei>. 

2  I'resHiued  to  liavo  been  transmitted  in  the  ])i(^cedinii  letter,  of  March  3,  l<i;:^-^-:i.     Ei> 


414  NEW    JERSEY    COLONIAL    DOCtMENTS.  [1683 

I   Mill    iiiti>niK'<l   of   iiioii-   layd   out    I»v  lii.>   8ur\t'v''  w*^*'  is 
not  (,\'rt;iiiilv  Known  to  tiiv  atTcctionat  friend 

. I  AMES    MkVII.I, 

I/iiids  Sold  l)\  Joii  Fell  wick  ill  Eui^-laiul,  and  taken 
up  as  folio weth,  (viz.) 


Gohanzey  tfc  Alloinays  Creeke 

<)lihn  a  na-  Creeke 

ACKF.8 

Aches 

John  Adams,   . 

2,000 

Roger  Pederick 

111,000 

Joshua  Berksteiul, 

r),0()0 

Itichard  Noble, 

L',000 

Sold  and  taken  vp  since 

W'li  Hewes, 

.       O..",00 

his  Arrivall 

John  Haddocks, 

1,000 

Cohamey 

Tho.  Anderson,    . 

1,000 

Thomas  Smith 

01,000 

Edmund  Gibbon 

<;,ooo 

James  Peirce  &  W""  Waith- 

Henry  Salter, 

.      10,000 

man      .... 

00,  .-,00 

Edw''  Bradway 

<)•_',  000 

W"  Worth  &i  Ja.  Peirce  . 

00,  .-,00 

Edw'i  Wade    '     . 

.     01,000 

\V'"  Johnson  A-  Thu.  Smith 

00, .-.00 

llobt   Wade     . 

on.r.oo 

W"|  Haufock 

,     01,00(1 

Scdein-  (Jreeke 

Xopher  White 

01,(1(10 

One  Bowyer     . 

01,000 

W'"  Malsten 

.     (»."),  000 

to  seaverall  ffiuns 

00,000 

Tho   Chaunders 

o:..r)00 

Finnspninte    . 

01,000 

James  Wasse 

.   or., 000 

liouyht-toirni 

01,000 

Charles  Bayley 

00,  .-.00 

Saml  Hedge     . 

(rj,0()0 

Widdow  Smith 

.    oo,r.oo 

John    ffeuwick  in  his  own 

W"'  Penton     . 

oo.r.oo 

possession 

l(t,000 

John  Smith 

.     01', 000 

Tho.  Watson    . 

OO.l'OO 

Rich*'  Haucoc'k 

0(J,500 

Marks  lieeve 

00,100 

Hoger  Ilieekins  . 

.    no, -.00 

Bieh^i  Tindall 

00,210 

I'aIw''  Ohampneys  . 

OL',000 

Edw"  Web    . 

00,200 

Sam'  Nicolst)n 

.    oo,.-)00 

Widow  Di^iniell 

00. .-.oo 

l'iti-kii-(jii-iuiirh- 

Anthouj'    Dixon    .V     Isaac 

Ilyppolite  Lefeaver 

o;;,(Hio 

Purges 

(io,:!oo 

Ji>hii  Pledger 

.    o;5,ooo 

Rich'l   Guy 

01,f<00 

Sail  m-t'ri  thy 

22,810 

Sarah  Pyle 

10,000 

brought  from  ye  t.ther  side 

7;5,ooo 

3lichael  JJarrou   . 
Tho.  Budde 

01,000 
00,500 

Total  is        , 

J}.-.,  810  1 

1  'riii.s  total,  in  the  •'  I'ciiDMylvaiiia  Archives."  from  wliirli  tlii.s  is  r(i|.ie<1,  is  given 
iisss.lDO,  wliii'li  evidently  is  not  tho  result  <.f  tin-  a>l<liti<.n.  Probably  in  the  ori-riniil 
the  names  in  the  previom-  ilucumcnt,  whieli  are  lieie  repealed,  were  not  inebided  : 
and  the  slims  opposite  some  of  these- names  do  not  correspond.    Em. 


1683]  penn's  commissioners'  authority.  415 

I  am  informed  he  sold  148,000  acres  in  England,  and 
showed  a  schedule  thereof  to  Thomas  Woodroofe,  the  la.st 
yeare,  Acknowledii'eino'  tlie  same  to  be  true. 


CominissUm  froiib  William  Penn,  Governor  of  Penn- 
syl-vanla,  to  Commissioners,  to  Treat  vuth  West 
Jersey.^ 

[From  "  Peuusylvauia  Archives,"  Vol.  I.,  p.  5S.J 

Wm.  Penn,  Proprietary  and  Goveruor  of  ye  Prov- 
ince of  Pensilvania,  and  ye  Territories  there- 
unto belonging. 

To  his  trusty  friends  and  Counsellors,  (-hkistoimikk  Tay- 
lor, James  Harrison,  Thomas  Holmes,  Thomas 
WiNNE,  Greeting. 

Reposing  special  Confidence  in  y'"  Wisdom  and  In- 
tegrity, I  do  hereby  aj)point  and  impower  you  my  com- 
mission'"** in  my  name  as  GoA'ernor  &  Proprietary  of  this 
Province  and  Territories  annexed,  to  treat,  transact  and 
conclude  with  y*^"  Governor  and  Counsell  of  West  Jearsey 
concerning  the  satisfaction  I  have  demanded  in  a  Letter 
to  y''  s'^  Governor  and  Counsell  for  certain  great  Wrongs 
and  Injustice  done  unto  me  and  this  Province  by  some  of 
y'^  Inhabitants  of  their  Colony.  As  also  to  settle  a  I'iglit 
understanding  between  me  and  y"'  about  the  Trade  and 
the  Islands  therein  and  w*soever  you  shall  do  herein,  I  do 
hereby  ratifie  and  confirm  and  this  shall  be  to  you  a 
sufficient  credential.  Given  at  Philadelphia  y''  11  day  of 
yC  j.tii  ]\^£^j_  jjj  j,e  35  ygj^j.  ^^f  yC  lieign  of  y"  King,  and   y" 

Third  of  my  Government.  W.  P. 


1  It  will  be  observed,  in  ret'cii'iice  to  the  .Minutes  ol'  the  J'enii.sylvaiiia  I'loviiicial 
Congress,  under  lUite  of. rmie  Gtli,  1()8J,  that  the  Govei'nor  wjis  authorized  to  appoint 
Commissioners  to  East  .fersey.  It  is  presumed  that,  as  similar  causes  of  complainl 
existed  against  both  I'rovinees,  he  sent  bis  Commissioners  also  to  West  Jer.sey.    Eu. 


41<^>  XKW  .ikks?:y  cor.oNrAr.  DotrMKNTs.  [1683 

lii^t  iiK-t  inns  to  tlic  ('oiiiin'Mo  W    .IrMiscx.   1()S.'{. 

I  ii>rni<-ti<>iis  and  liiiiitarioii^  to  niv  ('"iiiiiii^sioners,  ( '.  T.. 
.1.  II.,  T.  II.,  T.  W.,  ill  yi- 'j)re.sLMit  Tivatv  w'"  tiir 
(ioviTimit  and  ('oini.stdl  of  Wc.-it  .Icarsev,  in  tlu'ir 
Coinniissioii,  Datctl  the  same  Day  \v*''tlK'  Dati-  hereof. 

1.  .'<()  soon  as  you  sliall  arri\e  at  lUirlington,  take  care 
to  make  known  to  y"'  (iovern''  and  (/oniieell,  y'  you  ai'e 
>ent  in  my  nanu'  to  treat  w"'  y''"'  al)ont  sonu*  Pi'ovincia! 
Ihisini'ss.  and  therefore  desire  a  time  y'  yon  may  hv  heard. 

2.  AN'iicn  yon  ai)})ear,  one  of  yon  i;i\e  my  letf  into  y'" 
(-iovern'"'  liand,  aft  y'  is  read  proilnee  your  Commission  or 
(/redential. 

'■■>.  Heijin  w"'  y"  General  Pro^f  of  y^'  Geni'ral  part  of 
y''  Charge  observing  to  read  dames  Chiyjxxik  ^V  my  wife's 
letters  List.  AVhen  this  is  done,  ask  their  opinion,  whether 
they  look  upon  y*^  General  Charges  to  be  ])roved,  or  deny 
these  testimonies. 

4.  If  they  allow  y''  (ieneral  Charges  to  be  proved  by 
v''  Anthoi'ity  of  these-  Testimonies,  proceed  to  charge  Tho. 
Mathews  by  name  ami  pi'oduce  y"  Lett''  to  d'"'.  G(»odson 
or  any  othci-  you  shall  have,  expressly  charging  him  in 
tills  mattei*  w""  that  is  done  and,  .">.  y*^  |)roof  allowed 
demand  Satisfaction  first  in  (nmeral  by  a  certificate  umler 
their  hands  to  give  tlie  lye  to  such  rumoi's,  w"'  a  Prochnna- 
ti(ni  in  y*-'  Colony  disowning  s\ich  things  and  foi-bidding 
;!ny  sncli  scandalous  Ivetiections  for  y'"  time  to  come.  And 
secondly  satisfaction  in  particular  ag**.' Tho.  ^fatthews  eitht'i- 
by  a  gi'eat  tine  as  i:5iH»  sterling  or  publick  Paper  affixed 
to  y*^  Court  house  t)f  Ibirlington,  de(daring  his  evil  and  Jbr 
y''  same  banishing  liim  six  months  out  of  this  colony  and 
making  him  tbrevei"  incaj)able  of  any  Otiice  in  it  or  accord- 
ing to  y''  Civil  Law  to  deliver  him  uj)  to  l)e  tryed  in  this 
l*ro\incc.  according  to  y'  Laws  thereof;  in  all  w''' you  are 
to  take  notiei'  y'  1  d(tnot  allow  you  to  de.-.iate  in  any  ]»oint, 
save  j'anishment  :  ♦'».  And  if  mnu'  lA'  all  these  J'unish- 
ments  aiv  bv  \"'  agi'ced  to,  nor  nothin2;  tending-  to  ve  sanu'. 


lf>88]  INSTKUCTIONS  TO  PENN'S  COMMISSIONERS.  417 

I  do  hereby  order  jou  to  make  y'"  Protest  apj**''  ye  s''  Gov- 
ern'" and  Gonncell,  and  tlieir  Refusal!,  and  so  w^*^  a  meek 
and  qniet.  yet  2;ravc  behaviour,  to  return. 

T.  Lastly,  whatever  is  assented  to  or  denyed  be  sure  to 
take  down  in  writing,  y'  you  may  be  able  to  give  me  an 
exact  acc*^  of  ye  minutes  of  y""  audience  and  Conference  in 
all  w''^  God  Almighty  direct  you  first  in  Truths  way  as 
Christians  and  Bretheren,  and  if  th'  will  not  do  secondly 
as  faithful  Councellors  to  me  and  Patriots  to  the  Province. 
Given  at  Philadelphia  the  llth  day  of  ye  4tlr°.,  1683, 
being  the  35th  year  of  the  Reign  of  ye  King  and  ye  3d 
year  of  my  Governient. 

And  after  all  this  is  ended  insist  upon  my  Title  to  ye 
River,  Soyl  and  Islands  thereof  according  to  Grant,  and  if 
they  will  deliver  up  peaceably  ye  Island  of  Matinicum  and 
Sepassing,  return  one-half  of  ye  Island  Matinicum  before 
ve  Town  according  to  my  former  cleinencey,  believing  ye 
Generality  hath  done  me  no  wrong,  and  therefore  am 
unwilling  to  withdraw  my  kindness  to  the  General  Good, 
for  ye  other  admit  no  manner  of  Parley,  demand  posi- 
tively, and  if  they  refuse,  let  w""  follows  lye  at  their  dooi*. 
Whatever  bee  ye  Argument,  they  are  bounded  Westward 
by  the  River  Delaware,  y"  they  cannot  go  beyond  low 
water  mark  for  land.  They  have  ye  Liberty  of  ye  River, 
V)ut  not  ye  Propriety.  The  rest  1  leave  tn  y"  own  under- 
standiuo's  to  sno'Cfest. 


Wm.    Pi;x.\    to   tlio   (lONeruor  and   (\)UiU'il  of   West 

Jersey 

To    my  much   respected  friend   ye  GoveriKir.  and    to   my 
well  respected  friends  ye  Counsel!  of  AVest  Jcarsey. 

In  ye  unfeigned  Love  of  God  I  greet  you,  wishing  ye 
Increase  of  all  L[eavenly  and  Earthly  Blessings  av''  y"  God 
of  Love  and  Peace  hath  promised  to  liis  chosen.     It  is  witli 


418  NEW    JERSKY    COLONIAL    DOCUMENTS.  [1683 

some  sorrow  y'  I  have  tliis  occasion  of  writing  to  yoii  w'^ 
whom  I   could  alwaise  desire  to  have  a  most  loving  an<l 
iiitirc  correspondence,  aiwl  will   ho})e  it  shall   not  he  in  yv 
Tower  cither  of  ye   Indiscretion  or  Injustice  of   some  to 
lessen  my  good  est(?em  for  ye  (lenerality.     But  so  it  is, 
y''  I  have  sustained  and  w''''  me  all    interested  in   the  Pros- 
perity of  this  Province,  great,  and  as  I  conceive  irre{)ara 
ble  injuries  by  some  membei's  of  your  Colony.     England 
is  filled  w*^''  a  noise  of  Warrs  in  Pensilvania,  between  ye 
Irdiabitants  thereof  and  ye  Lord  I^altimore  and  his  Prov- 
ince ;    y*"   some   were   killed,    and   y'   y''   Lord   Baltimore 
claimed  all  ye  land  from  Upland  t(j  ye  falls  of  Delaware, 
so  y''^  w'  rested  to  me  was  very  inconsiderable,  because  I 
had  no  ])lace  where  ship  or  ])oat  could  come.     Of  this  ye 
C'iiainge,  (.oifee  Houses,   Bookseller's  Shops  and  Country 
rings,  tliei'eby  discouraging  hundi-cds  ready  to    i)urchase, 
and  to  come,  and   [►ntvoking  others   vMiave  purchased  and 
not  paid   to  tling   u}>   their  deeds,  all   w*''  most  false   and 
injurious  Reports  arc  Hung  u|)on  some  of  ye  inhabitants 
of  West  dearsey,  a  wrong  and  cruelty  of  true  transcending 
w'"  vet  I  have  met  \v"'in  ye  World  \'vo\n  ye  worst  of   men, 
luit  tli"^  which   aggravates  the  troul>les  as  well  as  evil,  is  a 
violation   of  ye  Bands   of   Truth   and   Tyes  of  (4ratitude, 
thereby  exciting  men  to  seek  ye  utmost  Revenge,  and  all 
y'  will  and  force  I  have  coidd  accomplish.      Ihit  I  will  tell 
you  and  y'  w"'  comfort  to  my  soul,  I  am  of  a  better  spirit 
and  of  more  heavetily  p(»licy.     1  know  y'  lyes  are  short 
lived,  and  y'  pe  patience  of  ye  sufferer  shall  both  outlive 
ye  eff'ccffi  of  si/<-/i   hkiII'-'  .     1  would  putt  it  u])  if  it  were  to 
be   done,   and    had    not    :i    fresh    Cry    pursued    ye   former 
Intelligeiu-e,  yon   iiinl   hardly  e\  ei-  heard  any  more  of  it. 
But  it   I)eing  narioiially  divulged   ;ind   becom   a  Pi"o\'incial 
wrong,  and  as  sucli  coiuplained  of  in   y''  pritvincdal  Council 
of  this  ])rovince.      It    was  y"   uiianiiii<»usly   resolved   U))on 
y**  a  re(piest  made   to   me.  y'    I    would    t'oi'thwith    dispatch 
Commissioners  to  you  ye  Govern'   and  ("oiincill  of  West 
.learsev  to   complain  of  ye  Wrongs  aforesaid,  and   in  ye 


1683]  PENN  TO  THE  AITTHORITIES  OF  W.  JERSEY.  419 

name  of  _ye  Govern''  and  Conncill  of  this  Province  and 
Territories,  thereunto  annexed  to  demand  satisfaction,  a 
thino;  as  it  is  reasonable  on  onr  j)ai'ts  to  expect,  so  most 
just  on  yours  to  errant,  in  order  to  which  I  have  appointed 
and  Commissioned  my  Trusty  friends  and  Counsellors, 
Cliristopher  Taylor,  James  Harrison,  Tho.  Hohnes  and 
Thos.  Winne,  to  transact  and  conclude  of  all  matters  relat- 
ing to  this  affair,  as  also  ye  iinal  establishment  of  a  right 
understanding  between  us  concerning  ye  River  and  Islands. 
I  have  no  more  to  add  but  ye  endeared  remembrance  of 
my  love,  and  to  tell  you  I  cannot  but  believe  y*  3'ou  will 
take  my  great  Wrong  and  Suffering  unto  your  serious 
consideration,  and  do  me  y*^  Justice  w"*^  shall  acquit  you  as 
just  men  in  ye  righteous  Day  of  God.     I  am 

Your  loving  neighbor  and  sincere  friend 

W.  P, 

Phila.,  ye  lltli  "^•'.,  of  y.  4^"  [11"'  of  4"'  "'°- ?]  1683 


Wm.  Penn  to  the  (xovr.  <t:  (V)iincil  of  West  Jersey 

Pnir.ADELPHiA,  ye  2(>th  4'"°,  1683 
Dear  Friknds 

I  do  in  ye  love  of  God  &  Tenderness  of  his  Truth, 
dearly  salute  you,  wishing  unto  3'ou  ye  Increase  of  Peace 
ik  Comfort,  inward  and  outward,  from  ye  God  &  Father  of 
all  Blessings. 

Yours  by  ye  hands  of  ye  Commission'"-,  and  my  esteemed 
Friends,  Thos.  Budd,  John  Gosnell,  Henry  Stacy  &  Mark 
Newby.  dated  P>urlington,  ye  16tli  4tli  "^'^,  S3,  are  come  to 
my  hands,  and  upon  ye  Perusal  of  y"'  in  ye  presence  both 
of  my  Gonnsell  &  y*"  Commission'"^,  I  have  this  to  say: 
First  y*^  1  am  not  w'^out  a  sense  of  ye  Justice  and  kindness 
therein,  esteeming  y'"  Conti'adiction  &  Refutation  close  & 
Pathetical.  bu't  there  seems  to  me  an  omission  of  one  thine 


420  NKW    .rKK.SKV    ((tl.itMAI.    Dix  IMENTS.  [16^3 

ni;itei-ial  ivspectiiiii-  v'^selves  y'  since  ye  Cliarge  lyetli  i^eii- 
(  r;illy  ujntii  some  of  AVest  .learsey  it  was  not  ex])rest  in 
>oini'  sucii  niaiMUT  as  folhiwetli.  And  AVliei'eas  we  aiv 
int'onned  by  Lett'"  from  Credilde  persons  ont  of  En^-land, 
y'  some  of  tliis  Proviiiee  of  West  .learsey  have  Mrittcn 
sncli  stoi'vs.  If  an\-  such  l.i'tt""  have  heeii  written  hy  any 
mendjer  of  tliis  Province,  AVe  (h»  ^V:c,  tlie  wonls  arc  left 
to  you,  to  express  in  such  way  and  manner  as  y(»u  sliail  in 
wisdom  think  titt. 

2''  If  yon  ])lease  <jmit  anytinni;-  l)esides  yc  Denyal  vV: 
Contradiction  of  tliesi-  false  Knmors  in  your  certificate. 
I  consi<ler  it  will  be  far  moi'c  suitable  as  well  to  ye 
matter  as  my  re(|uest,  ^V  ye  rather  Because  ye  L''  Balti- 
more hath  iiothino;  to  do  w"'  ruTinini:;  ye  line  on  Dela- 
ware Kiver. 

3dlv.  I  cannot  but  <h'clarc  myself  dissatisfied  with 
Thos.  Alathews  Explanation  liecaiise  it  is  hard  for  mc  iV 
mv  Council,  to  conceive  what  other  reason  he  could  ha\e 
to  mention  y'  affrighteuing  crneity  committe<l  at  Lewis  als 
AVhorekills  1)\'  ye  Lord  Baltimore's  soldiers  so  long  agoe, 
iV  out  (»f  date  at  ye  same  time,  and  in  ye  same  I^ett""  when 
he  writt  of  ye  Lord  Baltimore's  Claime  upon  Delaware,  if 
)iot  to  terrific  People  from  settling  in  a  country  where  any 
part  lay  w'^''in  in  ye  pi-etensions  of  such  a  man.  If  yo' 
sense  of  him,  w"'  his  own  dai'k  explanation  i^-  ye  freedom 
he  frequently  takes  of  indecent  talk  c*v:  I'cflections  u|)oii  me 
ife  my  concerns  cari'v  you  not  f'ai'ther,  I  shall  wa\e  to  pre>s 
you  at  this  time. 

Lastly  you  are  [)leased  to  say  y'  as  to  ye  Iliver  A:  Islands 
ve  are  willing  at  ye  present  to  be  Passive,  takeing  it  not 
l*roj)er  for  you  to  manage  ^V:  yet  y''  Commissioners  press 
ine  about  ye  right  to  river.  We  have  discoursed  so  farr  as 
they  could  go  foi-  having  neither  ye  (irant  w"'  you  uj)on 
whi'*'  ye  right  ariseth,  nor  yet  a  I*leiu])otentiary  Commis- 
sion to  conclude  arricie>  of  sertleni',  we  cannot  so  iiiuch  as 
regularly  and  i)rofital)ly  tri'at  of  ye  business:  P>ut  this  I 
will  say  in  li-enei'al  v'  nothiuir  shall  be  \vantin:»  on  mv  i»art, 


IfJ.'^^]  sAT,K:sr  i\[KAr(»iv'rAT..  421 

\v*'' ye  J/'**  AssistaiK-c  to  assure  voii  ^V  coiiiii-rn  you  of  vt- 
true  &  tendei-  regard  I  ]iavo  to  ye  ])rosperitv  of  West 
Jearsey  <•(:  ye  (Tovenmi^  iV  People  tlieivof,  \v'"  ends  this 
f'rom,^  Yoiii-  faithful  fi''  \'  Loviiiu'  Neisihhor. 


^[(■IIKH'Kll  fl'Om     Sdldfl,     \.    •/..    to    (jOrci'llOI'   Jrl)  HI  IK/.s. 
I  From  ••  I'eiinsylviinia  Aicliives,  "  \\)1.  I.,  p.  7.").  | 

To    SAMUKr-    Jknnixgs,   Govenioiir    and    ye    Members   of 
Council  of  West  New  Jersey  elected  and  cliosen   l»y 
ye  Proprietors  thereof,  in  Assembly  met  ye 
day  of  Month  1()8P..'^ 

We  ye  the  free  People  of  ye  Town  iV  .Inrisdictioii  of 
Salem,  ha\'ing  taken  into  onr  serious  consideration  ye  pi-es- 
sent  state  of  this  Country.  A:  calling;  to  mind,  w"'  w'  Cliai-<>e 
vVr  Hazard  we  have  transported  ourselves  &  Famih'es  into 
these  remote  parts  of  ye  Worhh  cV  how  we  have  laboured 
ever  since  our  Arrival,  under  many  Perils  ct  DiHiculties, 
for  ye  Settlement  thereof  in  a  i>ood  and  Prosperous  Condi- 
tion, ik  weighing  well  in  ourselves  y^  nothing  can  moi'e 
readily  conduce  to  our  present,  and  Childrens  fntui-e  Ti-an- 
(|uillity  ik  Happiness,  then  a  fair  and  just  settlement  of 
our  Foundations,  both  w*''  respect  to  Property  &  Go  verm! 
tt  ye  Inabitants'  just  Interest  in  both,  and  further,  calling 
to  remendu'ance  ye  foot  we  first  engaged  upon  in  our 
Xative  Land,  and  ye  Danger  of  deserting  those  good  be- 
ginnings layd  w"'  so  much  Deliberation  ct  Pnity  <k  w'"'' 
were  once  of  such  moment  with  us,  y'  it  was  thought  titt, 

1  hj  I'on.sequence  of  this  foirespondeiicp,  the  Assembly  of  West  Jersey,  at  a  meet- 
iug  hekl  at  Burlington,  St-ptember  5th,  lti83,  directed  that  "the  Proprietary,  \l-.  iI 
the  Province  of  /V/*//.N7//*'rt/(?«.  be  treated  with  in  reference  to  the  Rights  and  Pri\i- 
ledges  of  this  Province,  to  or  in  the  Kiver  Delaware."  and  William  AVelcIi.  Samm-l 
Wills  and  AVilliam  Peadiee  were  uorainated  to  act  '  with  the  Governor  and  .so  many 
of  his  Council  as  be  shall  think  tit''  in  relation  to  the  matters  referriMl  to,  '(ii-antK 
;ind  Concessions,"  pj),  -180-1,     Ed, 

2  This  document,  having  no  signature*  nor  date,  and  the  initials  only  being  u.sed 
in  the  body  of  it,  instead  of  the  names  in  full,  is  presumed  to  have  been  taken  from  a 
tirst  draft.  The  Assembly,  to  whidi  it  was  addressed,  is  thought  to  have  met  at 
Burlington  on  the  -id  of  May,  11)83,  on  the  11th  of  which  month,  Samuel  Jennings, 
appointed  Deputy  Governor  by  Edward  Hyllynge.  was  elected  Governor.  See 
"'  Grants  and  Concessions,"  pp.  ill-'i    Ed. 


4'J2  Ni:\\     .IKKsKV     (Ol.o.MAI.    1 1(  »(t  M  KN "IS.  [1088 

v'  witlidiit  >iil)scril)iiiii-  to  v'"  coulil  not.  ».V  >oiin!  tlierefure. 
to  this  (lay  lia\i'  not  enjovM  their  Proj)L'i-t_v  sS:  Estates,  in 
this  counti-y,  to  witt  ye  Concessions  sii^ncd  in  Kni:-hin<l, 
aiul  hereby  ye  Freeliolders  as  ye  A<;reeinent  of  ye  People 
tor  tlie  frame  of  ye  (ioverni'  of  this  Pi-oviiM-e.  tV:  tindini; 
as  jet,  after  all  our  patient  waiting-  for  a  Conlirination 
thereof  to  us  iV:  our  ])ostei'ity.  y'  we  iniulit  live  M'"' Seeui'itv 
cV:  dye  \v"'  ('onitort  tV  llopi'  for  our  ('hildi'eii.  to  i^ett  aftei" 
ye  many  engagements  of  K.  1*>.,  \\'.  1^:  (i.  L:  A:  N  L.,  ye 
(xovernment  continued  to  us.  it  is  ti-ansferred  tfe  settled 
to  E:  B.  A:  liis  Ileii's  and  Assignes.  wlierehv  our  tirst  (Trant 
is  hrokeii.  itistt'ad  of  lieing  more  cleai-ly  ratified.  A:  y'  w''' 
was  cV:  is  oui's  as  much  as  ye  (iovei'in'  of  I']ast  .lersey  was 
S'.'  Ct.  Cartwriglit's,  c^  is  now  in  ye  new  Twelve  Proprietors, 
is  conveyed  to  E.  1>.  by  a  New  (irant.  To  ye  End  we  not 
be  wanting  to  ourselves  ct  Chiklren,  nor  tlius  leave  both 
ns  ifc  y"'  at  ye  Meiry  cV:  in  ye  Power  of  any  man,  ik  y'  in 
a  matter  of  such  nuunent  iV  Imj)ortance,  we  do  uuaiiinious- 
Iv  desire  y*^  ye  Assembly  may  be  foithw"'  called  to  con- 
sider ye  State  of  ye  Province  in  case  no  t'onfirmation 
be  come  by  any  of  ye  many  ships  y'  ai"e  lately  come  into 
this  River,  a  thing  so  often  ])romised  to  us,  y*^  fitt  expe- 
dients may  be  applyM  to  cui-e  our  ])resent,  &  pi-event 
future  Mischiefs  iV:  Incoin  enit'uces,  y'  so  we  may  not 
through  will  full  and  dangerous  Neglect  fall  into  fui-ther 
miseries  tt  confusion  y"  those  this  poor  uidiajipy  C  ounti-y 
hatii  already  too  long  laboured   under. 

Indm'sed : 

"Complaints  made  lo  Pi'oprietary  of  \\  est  Jersey  "" — 

I'rocla)iiat'iOn   of    WUliaiu   I'cnu. 

[From  "Pennsylvania  Archives,"  Vol-  I.,  p.  C8.) 

By  me  Wm.  Pknx,  Proprietary  &  Govrn""  of  ye  Province 

of  Pensilvania  Ar  ye  territories  thereto  belonging 

A   Prolamation 

AVhereas  ye  (lovern''  of  the  New  Jersey  hath  re(j[uested 


1683]  (rAWKX   i.awimk's  (ommisskkn.  423 

nie  y*  ye  order  l»y  him  A:  ye  Couiieill  of  ye  said  Coloney 
made  concerning  ye  illegal  Deposal  of  Lands,  w'^'^in  ye  s** 
Colony  l)y  Thomas  Mathews,  might  be  made  public  in 
this  province  th'  no  Tnjurv  cV  Loss  might  come  to  such  as 
unadvisedly  are  incliiiablt-  r<»  piirchase  any  pai-t  oi-  tract  of 
him,  these  are  to  give  iioricc  ».V  to  warn  all  yr  liihaliitaiits 
of  this  Province  cV  tei-ritories  thereof  to  forliear  dealing 
w"'  buying  of  ye  s*^  Thomas  Mathews  any  Lands,  so  taken 
up  as  they  tender  ye  security  of  their  concerns  tt  will 
answer  it  at  their  peril,  given  at  Philadelphia  ye  IStli  5th 
mo  16S3.— 


Coiuimssion    of    (j(iir,ii    Ijiiriui-   as    Dtputij    Govrt'uor  of' 
K(txt  Jerxt'iJ. 

[Fnmi  '(iraiits  and  ('(•ucPi'sioiis,"  ji.  Itis.| 

Robert  Baiulav,  one  of  the  Pi-o])rietoi's  and  Gov- 
ernor of  the  Pi'(ninee  of  East  New  Jersey  in 
Aniei'ica,  to  his  trusty  and  well  beloved  Fellow 
Proprietor  Gawn  T^awrie,  sendetli  Greeting-. 

Wher]<;as  the  Propi'ietoi-s  of  Fjixt  Ncn'  .J<  r.scij  aforesaid 
having  by  their  Commission  under  their  Hands  and  the 
Seal  of  the  said  Province,  constituted  the  said  liahert 
Barclaij  Governor  thei-eof,  which  said  Connnission  is  in 
these  Words,  or  to  this  Effect,  to  the  Proprietors  of  the 
Province  of  J'Mxt  Neio-Jersey^  To  our  trusty  and  well 
beloved  fellow  Proprietor  Iiol>ei-t  Bai'clay,  sendeth  Greet- 
ing. Whereas  the  Power  of  Government  of  the  Province 
of  East  New  Jersey^  is  devolved  upon  us,  and  assigned  to 
us  by  James  Duke  of  Yorh^  wnth  Power  to  constitute  and 
appoint  such  Governor  and  Commissioners  for  the  well 
governing  of  the  said  Province,  as  we  shall  see  meet  ;  and 
we  having  heretofore,  out  of  the  Confidence  we  had  of 


424  N'KW    .IKWSKV    CoI.oNlAI.    1  ••  >(  I M  K.\  TS.  [Irt8?> 

liohtft  liiirrlinj.  his  Skill.  I 'I'lulciicc  and  liiti'iii'ity,  (•(disti- 
tiite<l  and  :i|i|)L»inttMl  liim  ( io\  i-nmr  of  tlif  said  Province, 
to  a|>i)(»iiit  a  Deputy  dui'ing  liis  Ahsence  tlieivtVom.  t»>  hi' 
appro\etl  1)V  Sixteen  of  the  I*i'oj)i-ietors,  upon  \\\v  same 
Reason  and  ( 'onfidenee.  we  di>  lierehv  contii'in  tn  him  the 
Governini'nt  <>f  tlie  >aid  I'rovince  during  all  tlie  Days  <»t' 
his  Life,  as  to  lia\f  the  rowei-  of  the  (Tovei'iiment  of  all 
the  said  l*i-ovinee.  and  of  all  Isles.  Rivers.  Islands,  and 
Seas  within  the  same  or  lielouging  thereto,  to  do  all  and 
every  Thing  oi-  Things  which  to  the  ( 'hai'ge  and  Oliiee  of 
a  (irovenior  doth  appertain,  coiiiinanding  all  inferior  ( )tfi- 
cers  to  ohey  him  a>  tlu'ir  ( iovcrnoi-.  accoi-ding  to  this  our 
('ommission,  and  the  J^owers  hereby  gi\en  him.  and  aeeurd- 
ing  to  the  Laws  and  Constitutions  made  oi"  eontirmed  by 
us.  or  to  be  made,  which  he  himself  is  to  observe  and 
follow,  as  unto  his  Duty  and  Office  doth  aj)pertain.  And 
whereas  we  have  agreed  and  ai-e  satisfied,  for  certain  good 
Reasons  and  Considerations  moving  us  thereunto,  to  com- 
mit this  Ti'ust  unto  him,  and  to  gi\e  him  this  Chai'aeter, 
without  laving  any  Necessity  upon  him  to  repair  to  tlie 
said  ProNince;  so  likewise  we  \\',\\(\  ami  do  hereby  give 
him  Powei'.  fi-om  time  to  time  as  need  shall  be,  during  his 
absenee,  to  name  and  constitute  ami  grant  Coniuiissioii  to 
a  Deputy  Governor,  to  serve  in  the  said  Province,  he  being 
always  ai)i)roved  by  Sixteen  of  us  the  Propi'ietors,  and 
following  the  Oi'ders  he  ivceives  fi'om  us,  according  to  the 
Laws  and  the  Constitutions  of  the  said  Pntvince.  (n\en 
iindei-  the  Seal  of  the  said  Pro\ince.  and  signM  l»y  our 
Hands,  Dated  at  London  A\\^  S,  centeenili  Day  of  they^V'/// 
Month  called  Jnh/,  in  the  Year  of  our  Loi'd,  according  to 
the  English  Account,  ( )ne  Thousand  Six  Hundred  iMghty 
and  Three,  Subscribed  by  Thomax  ('oojxr,  L'hntcnt  Plant- 
xhati  and  J^roxy  for  Jiohert  Tnrn<'i\  WllUdni.  O'th-son, 
Artni  ISonnninx,  Williiiin  J)o<-kii'iui ,  Thonmx  //mi,  Gaion 
Lawrle,  Janon  l>raint'„  elder,  Thoniaa  JJar]\< i\  Wichanl 
Mew.  He  the  said  Itohert  Barrlaij,  according  to  the 
Power  given  him  l>y  Virtue  of  the  said  Commission,  doth 


1683]  (JAWKN    l..\\ViaK*S    CO.MMISSTOX.  425 

lit-rebv  as  far  as  in  liiiii  Ijetli,  out  of  the  Confidence  lie 
hath  of  the  said  (T((ini  Lawi''u\  Skill,  Prudence  and  In- 
tegrity, with  the  Approbation  of  Sixteen  of  the  Proprie- 
tors of  the  said  Province,  testified  bv  their  sij^ninfi;  hereof, 
constitute  and  appoint  him  De])uty  Governor  of  the  said 
Province,  and  of  all  Isles,  Rivei's,  Islands  and  Seas  within 
the  same,  or  belonging-  thereto  ;  to  do  all  and  every  Thing 
and  Things  which  to  the  Cluirge  and  Office  (jf  a  (lovernor 
doth  appertain  ;  commanding  all  inferior  Officei's  to  obey 
him  as  their  Governor  accoi'ding  to  this  C\>mmission,  and 
the  Power  hereb}^  given  him,  and  according  to  the  Laws 
and  Constitutions  made  and  confirmed,  or  to  be  made  and 
confirmed,  b}'  the  Proprietors  of  the  said  Province ;  which 
he  the  said  Gm.on  Laivrie  is  to  observe  and  follow,  as  to 
his  Duty  and  Office  doth  appertain  ;  to  hold  unto  the  said 
Gawn  Zawrie  for  and  during  so  long  Time  as  he  shall  in 
the  said  Place  or  Office  of  a  Deputy  Governor  well  behave 
liimself,  not  exceeding  seven  Years.  And  the  said  Robert 
Barclay  doth  further  give  Power  to  the  said  Gairn  Latr- 
rie^  in  case  of  urgent  necessity,  to  appoint  a  Deputy  under 
him.  Given  under  the  Seal  of  the  said  Province,  and 
signed  by  the  said  Roljert  Bardaij^  and  Sixteen  of  the 
Proprietors  of  EaHt  JSfevyJeri<eii  aforesaid,  dated  at  Lon- 
<hjii  tlie  Day  of  the  Month  called  JuJij^  in  the 

Yeai-  of  our  Lord,  according  to  the  English  Com])utation, 
One  Thousand  Six  Hundred  Eight}^  and  three.  Mem<jran- 
dum,  these  Words  not  exceeding  seven  Y^ear,s,  were  fii-st 
interlined.  Robert  Barclay,  Perth,  Thomas  Gox.  Janirs 
Brauie,  elder.  Cleiiwiit  Plumstead,  Proxy  for  Robert 
Turner.  Arent  Sonhiaiis.  W'dHam  Dochwra.  Wdliani 
Gibson  for  himself  and  Proxy  for  Wdliam  Penn.  Thomas 
Cooper.  Richard  2few.  Barthohymew  GUisou.  Edvmrd 
Byllying.  Tlioraas  Hart.  Thomas  Barker,  and  Proxy 
for  Ambrose  Rigg.  Subscribed  at  Cluny,  in  Scotland,  the 
Seventh  Day  of  Septernber  1683,  by  Robert  Gordon.  Robert 
Burnet. 


-t-'i  NEW    JERSEY    COlJtMAI.    I)<  x,  L  MKNT.S.  [1683 


I itxtriict n>iif<   til    J)'j)iifi/    ( iiii'i  iiiiif    Jjdrrit. 
I  From  "Giauts  :iiitl  CuiiceHiiionN,"  p.  171.  | 

Lnstuic  TJo.Ns    for     (rdwen     Lcurj-ii,    wIhmi     il     sliall 
please  God  t<i  Ih'Iiil;-  liim  to  East  New-Jersew 

III  the  tirst  Place  we  do  lav  it  ii]i(iii  him  to  take  all  due 
Care  to  observe  the  Act  ot"  Xjiviuation,  and  to  see  that  it 
be  IiitViiiged  in  nothing  as  to  what  relates  to  the  King's 
Customs  or  otherwise,  and  to  give  no  Connivance  to  any 
so  to  do.  that  there  be  no  just  Occasion  given  of  complaint, 
or  Ivetiections  upon  the  Proprietors  on  that  Account,  but 
that  in  all  'J'liings  he  (U-niean  himself,  and  see  that  others 
under  his  Authoi-ity  so  do,  as  may  Witness  onr  sincere 
lntenti<tns  of  all  submissions  and  (obedience  to  the  Ivint;, 
according  to  the  Obligations  laid  upon  Us  by  our  Patent. 

II.  That  he  keep  a  good  and  friendly  Correspondence 
with  the  Governor  and  Cohmy  of  AV?/>  i  V/'X',  and  be  care- 
ful of  avoiding  all  Things  that  may  Interfeer  with  their 
Interest,  or  give  just  reason  <tf  C(»m])laint  from  them  ;  that 
he  be  not  apt  to  give  any  Encouragement  to  People  to 
trans])ort  themselves  from  thence,  minding  that  we  do  not 
design  to  advance  our  Interest  by  any  Thing  which  may 
prove  Prejudicial  to  that  Province. 

III.  AV^e  desire  him  also  to  keep  a  good  and  fair  Cor- 
respondence with  all  other  our  Xeighbouring  Colonies, 
and  in  all  Things  labour  \o  maintaine  Peace  and  Good 
AVill  with  them,  wherein  there  doth  not  appear  a  manifest 
Prejudice  to  us,  and  your  just  and  honest  Interest. 

IV.  We  do  recommend  to  him  to  take  Inspection  into 
our  Instructions  last  sent  over,  and  to  mind  putting  them 
in  Execution,  and  Prosecuting  them  as  if  they  were  here 
particularly  repeated  and  renewed. 

V.  We  desire  him  to  use  all  means  of  Gentles  and 
Tenderness  with  the  People  there,  and  to  let  them  Under 


1683]  INSTKUCTIONS    TO    DEF.    <;oV.    LAWKIK.  427 

stand  our  just  and  kind  Intentions  towards  theiii,  that  they 
may  be  disposed  on  the  other  Hand  to  be  just  and  respect- 
ful towards  us. 

VI.  We  do  desire  him  to  take  a  narrow  and  particular 
Inspection  into  the  state  of  the  seventh  reserved  to  us  by 
the  first  Concessions,  that  we  may  perfectly  know  what 
tliey  will  amount  to,  how  considerable  they  are  in  every 
Town,  or  in  the  greatest  out  Plantations,  that  he  may  con- 
sider the  best  means  of  making  a  just  Division  of  them 
among  tlie  Propi'ietors,  and  to  see  liow  it  may  be  Ordered 
tliat  every  Proprietor  ma^^  have  as  many  Acres  of  them 
lying  together  as  may  make  a  tollerable  Plantation,  though 
the  Sliare  of  one  might  fall  in  the  seventh  of  one  Town, 
and  of  another  in  another,  since  we  think  it  not  practicable 
that  there  can  be  a  Division  of  the  seventh  of  every  Town 
in  Twenty  four  Parts,  it  would  make  so  many  inconvenient 
FractioTis  ;  so  that  the  six  Towns,  whose  sevenths  are  not 
yet  taken  np  by  the  Proprietors,  (for  Woodhridge  goeth 
to  Perth  Town)  it  may  be  expedient  that  two  sevenths  go 
to  eight  Proprietors  (consideration  of  the  advantage  or  dis- 
advantage of  Scitnation  or  of  the  different  qnantity  being- 
had)  and  so  divided  by  an  equal  Lot  in  three  Parts,  one  to 
each  eight  Proprietors,  and  then  a  Subdivision  amongst 
them  accordingly ;  yet  this  is  still  so  proposed  as  it  is 
remitted  to  his  Discretion,  being  upon  the  Place  and  fully 
informed,  to  propose  any  better  expedient. 

VII.  We  think  also  the  same  may  do  Avell  as  to  the 
Division  of  the  Ten  Thousand  Acres  to  be  set  out  to  each 
Proprietor  as  hath  been  formerly  ordered,  which  we  desiie 
may  be  done  forthwith  without  any  dela}',  viz.  That  any 
Tract  of  Land  which  is  pitched  upon  for  the  laying  out 
the  Ten  Thousand  Acres  as  a  Part  of  it,  may  be  cast  first 
in  three  equal  Parts  or  Lotts,  one  to  each  eight  Proj3rie- 
tors,  or  in  two,  viz.  To  each  Twelve  if  it  be  found  most 
convenient,  and  then  a  Subdivision  to  be  made  ;  always 
minding  that  these  eight  who  have  sent  over  Servants  and 
Goods  in  Company  make  one  of  the  three,  that  being  most 


4l'>  NKW    .IKKsi:^-    ((iI.iiXIAI.    IHM  IMKNIS.  |  1  f)88 

jii.-t  and  coiivi'iiii'iit  ;  a>  ;il>o  it  it  iii;i\-  l»c  hail  that  at  least 
twti  Tlidiisaiid  Aci'es  may  lye  ro^crlicr  tor  <'acli  Prupiai'tor 
to   1k'   a    particular   I^laiitatioii    to    rliciii    if   tlicy    in-   so   dis- 

]M  »t'<l. 

\111.  W  (.■  JikI^c  it  alxi  lu'cdt'ul.  that  not  oiil\-  tiiis  two 
Hundred  and  Forty  Thou>aiid  Aci'cs.  now  to  lie  set  out  to 
the  Pr(tpn"etors.  he  tVce«|  of  all  Indian  Incundtrances  and 
|)Ui'chased  tVoin  them  out  of  the  Com|)any's  Stock,  hut  tliat 
no  opportunity  be  omitted  of  l*ur('hasiii^-  moi'e  Land  from 
the  Indians  until  the  whole  Province  he  honifht  from  them. 
an<l  for  this  End  whatevei-  is  there,  of  the  Company's  Stock 
or  of  the  Profits  ari^iiii:'  to  them  from  the  (^)uit-Pent>, 
oi'  othei'  wise,  he  imployed. 

iX.  ^Vc  desii-e  lie  may  make  all  neeclful  Pri'paratioii 
towards  drawiiiii'  the  Line  of  I)ivision  hi'tween  ns  and 
||V.s7-,/r/'.svy,  that  it  may  be  done  as  soon  as  ])ossible  it  can  : 
and  that  in  the  interim  to  take  what  information  lie  can, 
where  it  will  fall,  so  that  we  may  ha\"e  a  oei'tain  Account 
both  of  the  Breadth  and  J.ength  of  the  ]*rovince,  and  of 
the  (^)nantity  of  Land  that  is  in  it,  and  of  the  natui-e  of  the 
Soil  and  coineniency  of  those  back  Parts  of  it  whereof  we 
liave  not  yet  so  ])articulai'  an  Account,  and  in  this  we 
could  wish  it  inii>-ht  be  discoxcred  whether  there  may  not 
a  convenient  Road  be  found  betwixt  PrrtJi  Durn  and 
III! rl'iiKiliin.  lor  till'  entertainitii;-  a  Land  ( 'omnierce  that 
Way. 

X.  As  to  the  (^uit-Ki'Uts.  we  di'sire  it  may  be  seriously 
considered  what  has  been  said  in  tlu'  Sixteen  and  Se\  en- 
teen  Parra_i;-raphs  of  onrfoi-nier  Letter  directed  to  T.  li  aiui 
the  Ad\  ici'  of  ( 'ouncil,  therewith  sent,  to  mind  whether  the 
Land  be  taken  n]»  accordinii'  to  the  old  Concessions;  foi*  if 
it  be  not  >o  taken  up,  it  is  straiiiie  why  we  should  he 
|)ix'ssed  to  confirm  it.  Therefore  (.'onsidi'r  the  third  Article 
of  the  okl  Concessions,  where  all  Leases  and  (irants  ai-e  to 
be  Rei^istered.  And  the  Fourth  Article,  the  Surveyor 
General  is  to  lay  out  and  bound  all  Land,  which  is  to  be 
done  by  Order  of  the  ( bnei-uor  and    Council;  and  in  the 


1683]  IXSTRFCTIONS    TO    T>KI'.    GOV.    LAWRIE.  429 

Sixth  Article  it  is  expresly  said,  all  that  are  to  be  free  Men 
of  the  said  Province  are  fiist  to  be  admitted  bv  tlie  Pro- 
])rietors,  or  their  ( )rdei' :  it  must  also  be  exaniined  whether 
any  have  not  a  gi-eat  deiil  more  Land  than  is  in  their  Pat- 
ents, ami  in  that  case  we  leave  him  to  make  tlie  best 
Agreemetit  with  them  he  can,  so  as  it  may  ap])ear  to  tliem 
we  are  not  S(^)  strict  as  in  .Instice  we  may:  And  also  where 
any  are  lain  far  l)ehind  in  theii'  (^uit-Ilents  and  om'c  mnch, 
if  they  have  much  more  Land  than  they  have  yet  bi-ou<rlit 
in  or  have  present  Use  for,  we  jud^'e  it  no  ill  expedient  to 

pass  them their  by  past  (^nit-Kents,  they  of  consent 

dispencing  with  a  Part  of  their  Land  to  the  Propi-ietoi's  use 
where  it  lyes  conveniently,  as  where  some  have  Ten  or 
more  Thousand  Acres,  and  have  perhaps  used  but  a  small 
Part  of  it,  as  yet,  and  payed  none  or  very  little  Quit-Rent 
for  it,  they  may  be  content  to  let  go  a  good  Part  of  it, 
rather  then  pay  all  their  Rests  and  be  liable  to  })ay  the 
Quit-Rents  for  all  Time  coming,  so  we  leave  him  to  bar- 
gain with  them  in  such  cases,  as  in  discretion  he  shall  see 
meet,  not  standing  much  with  them  upon  small  Matters. 

XL  We  desire  as  soon  as  conveniently  he  can,  a  true 
and  clear  Information  of  the  State  of  the  Land  ali-eady 
taken  up,  of  the  Value  of  the  C^uit-Rents,  of  the  rests 
owing,  of  the  Agreements  he  nuiy  make  with  any  of  them, 
and  of  the  Scituatiou,  Number  of  Acres  aiul  \"a-Iue  of  the 
Sevenths. 

XIL  As  for  the  I*atents  and  (ri'ants  of  Land  given  by 
(Tovernor  JSl.<'hon>i  which  several  seems  to  stand  u[)on,  we 
desire  it  may  be  examined  what  Power  Governor  N'lrJtolh 
had  from  the  Duke,  how  far  it  extended,  wdiether  he  had 
Power  to  sell,  lett  or  grant  Patents  for  Land  in  JerM<'i/\H, 
also  whether  he  made  any  Laws  or  Concessions,  and  if  he 
liad  Power  so  to  do  by  his  Commission,  and  how  his  Com- 
mission was  limitted  for  we  have  it  not;  if  he  had  no 
Power  to  make  LaM's  oi*  Concessions,  then  by  whsit  Rule 
<;ould  they  proceed  to  take  up  Land  and  settle  ujxoi  it. 
And  whei'eas  sonu'  liaxc  pretciuled  a  right  to  (ioxi'rnment 


430  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1683 

as  M'ell  as  Soil,  that  cannot  be  :  For  suj)pose  Governor 
Nichols  had  Power  to  be  Governor,  it  was  to  Govern  bv 
some  Laws  ;  if  so,  wliere  were  tliese  Laws,  who  made  them, 
and  by  what  Antliority  ;  lie  could  not  divide  the  (Govern- 
ment so  as  to  rescin'd  one  Part  from  the  rest ;  all  those 
Things  would  he  well  considered;  Avhere  the  difference  is 
small  we  are  willini;  the  Advantage  fall  to  the  Iiduibitants  ; 
but  where  the  difference  resolves  any  ways  to  our  c(mi- 
siderable  loss,  if  it.  with  the  help  of  the  Pi-itj)i-i('iors  there, 
cannot  l)e  brouglit  to  a  good  Jssue  we  desire  the  cause  may 
be  truly  stated  and  sent  to  us,  that  we  may  consider  of  the 
means  to  remove  it. 

XITT.  We  recommend  to  him  to  take  care  to  let  the 
People  rightly  understand  the  Advantages  yielded  to  them 
by  this  Scheme  of  Government  now  sent  over,  and  how 
much  it  exceeds  their  former  Commissions,  which  if  rightly 
Understood  by  them,  we  hope  will  be  a  great  means  to 
satisfy  them  ;  and  also  we  desiiv  that  he  may  as  soon  as 
possible  he  can,  order  it  to  be  passed  in  an  Assembly,  and 
settle  the  Country  accordingly  thereunto. 

Xl\',  Whei-eas  in  the  Tenth  Article  of  the  first  (\m\- 
cessions,  the  Assembly  is  to  raise  and  ])i'ovidc  a  sujiply, 
for  nudntaining  of  the  Governor  aiul  defraying  all  Neces- 
sarv  char<;i'S,  we  recommend  nnto  him  the  minding  of  this 
and  Managinj;  of  it  with  all  the  Dexteritv  \w  can,  that  as 
we  desire  in  all  Things  to  apjirove  our  selves  just  to  the 
Inhabitants,  so  likewise  they  may  be  found  so  to  us,  in 
this  necessary  Point. 

XV.  Whereas  one  Gi<>r<j<  JMckhdrt^  who  has  a  consid- 
erable Plantation  in  the  Province  (as  he  informs  us)  is 
desirous  to  have  the  Marshalls  Place,  and  offers  (we  giving 
him  a  Comndssion  for  that  Othce,  together  with  a  Lott  of 
'J'en  Acres  in  P<  rth  Town)  to  ])uil(l  us  a  Prison  and  Town 
House  there,  we  do  wholly  leave  it  to  him.  to  consider 
what  Accommodation  there  may  be  t(»  us  in  that  Pro[)osi- 
tion,  and  do  hereby  fully  empower  him  to  grant  such  Com- 
mission,  and   append  our  Seal    unto    it.  and   make  such 


1683]  INSTRUCTIONS    TO    DEP.    GOV.    LAWRIE.  431 

Agreement  with  the  said  George  Locl'harf  as  (being  upon 
the  Place)  he  shall  see  meet. 

XVI.  It  is  recommended  to  take  particular  inspection 
into  the  conveniency  of  fishing,  and  serionsly  to  consider 
the  Advantage  which  may  probably  accrue  to  the  Proprie- 
tors by  an  Improvement  theieof,  whereupon  we  will  exjiect 
Information  and  Pi'opositions  to  that  effect;  and  especially 
as  to  the  AVhale  Fishing,  which  we  desire  may  be  encour- 
aged, and  to  that  end  we  do  allow  to  make  use  of  our 
effects  there,  rather  then  by  Loss  of  Time  in  waiting  for 
Advice  from  hence,  the  Fishermen  should  be  drawn  else- 
where for  want  of  due  Encouragement,  as  we  Understand 
some  already  are. 

XVII.  As  to  the  Lotts  at  Aitiho  Point,  and  the  Town 
of  Perth,  there  to  be  built,  we  desire  that  due  Care  may 
be  taken  that  it  may  be  made  regnlarly  according  to  a 
Scheme  which  is  intended  herewith  to  be  sent ;  to  be  sure 
that  the  Streets  be  large,  that  the  Houses  be  not  crouded 
one  upon  another,  but  that  each  House  have  backwards  a 
considei'able  void  foi-  a  Yard  and  Garden,  that  so  no  Street 
be  laid  close  to  the  back  of  another  without  an  Intervale 
of  at  least  a  pair  of  TJutts,  and  that  the  Key  and  Market 
Place  be. also  conveniently  ordered. 

XVIII.  Though  we  understand  by  S.  G.  and  T.  R.i 
their  Letters,  that  the  Parcel  of  Land  intended  for  the 
Township  is  but  Nine  Hundred  Acres,  and  One  Hundred 
of  Meadow,  yet  since  Widow  Cartright  has  offered  Two 
Hundred  lying  well  to  it,  we  desire  it  may  be  accepted, 
and  that  Three  Hundred  more  of  what  is  most  contiguous 
and  adjacent  may  be  laid  to  it,  and  so  make  us  the  Num- 
ber of  Fifteen  Hundred  as  was  fii'st  proposed,  that  so  there 
may  be  One  Hundred  and  Fifty  Lotts  of  Ten  Acres  a 
Piece  ;  and  we  think  it  most  convenient  that  there  be 
made  an  entire  Division  of  these  Lotts  amongst  the  Twen- 
ty Four  Proprietors,  which  shall  be  about  Six  Lotts  to 

1   Samuel  (Jrooin  and  ThoiuaK  Hiulvaid. 


432  XKW    JKHSKV    (Or.oMAL    DOfTMENTS.  [1683 

each,  all  tliar  is  for  Piil)lick  use  i)L'iiiir  tirst  taken  ott",  that  s»> 
eacli  may  hiiild.  st'll,  Ictt  m-  dispose  of  their  Lotts  as  they 
see  meet,  which  we  judii^c  will  be  the  (juickest  way  <»f 
Huildiiii;  the  "^Pown  :  Hut  if  any  Lotts  he  Sold  already  by 
S.  (t.  or  T.  11.  accordini,''  to  the  ( )r(lei-  they  had.  if  so  be 
they,  01"  S(»mi'  other  (if  the  J/rnjti-ietors,  be  tiot  willi?)<r  to 
allow  them  in  their  Shai'es  and  take  the  ])rice,  then  let  all 
that  is  S(»ld  be  first  dedneed  <d'  the  Cieiieral.  and  be  dividefl 
})rovat(».  and  the  Rest  l)e  divided  amongst  the  Pi-oprietors, 
to  be  disposed  of  by  tliem  as  is  above  mentioned. 

XIX.  We  do  also  liereby  authorize  them  to  call  for  an 
Account  from  Sdninel  Grooinr  of  our  Car-io  of  750^;.  sent 
over,  and  desire  thee  to  send  us  a  ])articular  Information 
per  first  how  it  is  em})loyed.  liow  it  stands,  and  what  is 
become  of  it :  Also  in  respect  Sitnnul  Grooim;^  the  younger, 
luis  shewn  so  great  an  Inclination  to  sell  his  Fathers  Pro- 
priety, which  he  has  ali'eady  a  Itight  to,  and  that  thereby 
Samuel  Gi'ooiiw,  the  eldei".  may  eithei"  come  back  or  be 
indisposed  to  serve  in  the  Imployment  of  Surveyor  Gen- 
eral and  Ileceiver  of  our  lients,  tlu'refoi-e  we  do  herewith 
send  a  IMank  ('ommission  fo'"  Surveyor  (ieneral,  and 
another  for  (General  Receixer,  to  be  filled  up  by  him  to 
such  Persons  as  he  shall  tind  most  projie'"  upon  the  Place 
for  that  Use. 

XX.  We  do  also  hereby  according  to  the  I'actiou  inade 
betwixt  thee  and  us,  order  thee  as  our  Dej)uty  Governor, 
to  take  Possession  of  the  House  belonging  to  the  Proprie- 
tors, with  the  ( )rcliards  and  (iroiinds  beh»nging  thereto; 
and  we  order  TInmuiK  h'lnli/urd  io  give  thee  i*ossession 
thereof;  and  we  desire  thee  to  take  (/are  to  clear  all  the 
frivolous  Pretences  of  Widow  Ciiiiri<i}it  thereto. 

X.XI.  As  foi-  the  Laws  made  in  the  last  Assend)ly,  sent 
o\  rr  to  n>.  we  haxf  this  to  say.  that  by  the  first  Conces- 
sions the  Assembly  has  (ody  Power  to  make  Laws  which 
are  to  stand  for  a  ^  eai\  unless  they  be  approvetl  by  the 
Proprietors:  Now  tlio'  we  have?  not  much  to  oi)])ose  to 
some  of  them,  yet  we  see   not   nn'et   to  appro\e  of  them. 


16S3]  INSTRUCTIONS    TO    DEP.    GOV.    LAWEIE.  433 

beeanse  we  have  Iiere  sent  a  frame  of  Goveriinient  which 
we  are  perswaded  is  far  more  advantagous  for  the  Prov- 
ince, and  we  desire  Things  hereafter  may  be  ordered 
accordingly  :  And  for  other  transient  Laws,  we  judge 
there  is  no  need  of  multiplying  them,  which  after  this 
Method  would  quickly  swell  to  too  vast  a  bnlk ;  so  that 
in  most  of  those  Cases  mentioned  in  the  Laws  sent  over, 
it  is  most  proper  and  safe  that  the  Common  Law  of  Emj- 
land  serve.  London  the  Twenty  of  the  fifth  Month  called 
Jnly,   1683. 

Barclay^  for  himself  and  for  the  Earl  of  Perth.  John 
Drwiniiwnd,  of  Luiidy,  for  Robert  Burnet,  Ar.  /Somnans, 
for  myself,  and  for  Bohert  Gordon.  Thomas  Bm-ker  and 
for  Amhrose  Biggs.  Biehard  Mew.  Thomas  Cooper. 
Clement  Phfinstead,  per  Proxy.  Bobert  Ttirner.  Wil- 
liam Gibson,  for  himself  and  William  Benn.  Thomas 
Cox.  James  Braine,  elder.  Thomax  Hart.  Willia/n 
Bockwra. 

A  Postscript,  <fec. 

3femora)idum,  It  is  also  recommended  to  Gawn  Lavrrie, 
or  the  Governor  for  the  Time  being,  and  it  is  unanimously 
agreed,  that  wherever  any  Land  is  set  out,  or  cast  out  into 
Divisions,  to  be  distributed  among  the  Proprietors,  before 
it  be  by  Lot  applied  to  particulars  for  the  Encouragement 
of  such  as  are  ready  by  themselves  or  Agents  to  plant  and 
improve,  they  shall  have  Choice  of  the  Division  before  the 
Lot  be  cast :  And  for  the  further  securing  the  Equity  of 
this,  that  it  be  past  in  the  first  great  Council  as  an  Act ; 
and  in  pursuance  of  this,  as  to  the  Six  Thousand  Acres 
belonging  to  the  Proprietors  upon  the  South  Side  of 
Bariton,  over  against  Amho  Point,  that  it  be  cast  in  three 
equal  Divisions,  two  Thousand  in  each,  for  every  eight 
Proprietors  :  And  therefore  the  eight  Proprietors  who  are 
now  sending  over  in  Company  both  Stock  and  Servants, 
shall  have  their  Choice  of  these  three  Divisions.  And 
■whereas  the  three  Lots  must  be  cast  again  in  eight  Divi- 


434:  NEW    JEKSEY    COLONIAL    DO(  TMENTS.  [1683 

sions,  one  for  t'acli  Pi'opriotor.  wliatevor  l^roprictors  at 
any  Tiino  lu'ruaftci"  sliall  Ix'  I'eatlv  to  plant  upon  and  im- 
prove his  Share,  shall  likewix'  ha\»'  his  choice'  of  the 
sult-(ii\  isions. 

liiirclnij,  iov  hiniselt  and  for  the  Kai-I  (d"  /'<rtli.  John. 
Dnimniomi  oi  Ltindi/.  awA  Ui>h,  rt  liiinnt.  A  .  SomiKins, 
for  myself  and  for  L'oln  rf  (iori/on,  and  for  />*.  (jihtioii. 
Aiithro.si  H'kjij.  K<1.  Il'iUuKj.  lliiinnis  Ihtrki i\  and  for 
AmhroKc  lixjij.  7'lii)iii(ii<  Coojhr,  Jatinx  Hr<ihii\  elder. 
Tlioiiiiis  llttif.  Clnmiif  l*hi nii<f((i(h  /'.  //.  and  Proxy. 
Ii*(ili<  rt  1 II rill  /'.  li nliii I'd  Ml  ii\  II  ill iiiiii  J hK-kii'ra. 
WilliKiH  GiliKOH  fur  himself  and  WiUinno  I\nn.  T/wuhis 
Cox. 


fhsfi'ih-lions  j'or    T.itij'inij    (hit   of   /*<  rf/i     Ton'ii    in  East 

Jcrsi  y. 

(Kiom  tlu-  Oi'i;;iiial  in  the  Possession  ol'  W.  A.  Whiteliead.] 

London  Septend)er  y«  21*'  1H83  i 

]\1"   (i  AW  KN     Law  KIE 

ll 11(1 
j\!"  Samiefj,  Giioo:\ii;"^ 

WvM  \ii(k'r  wj-ittcn  on  hchalfc  of  our  Sclve>,  and  the 
rest  of  the  Pr()[)riet<)rs  of  the  Province  of  East  new  Jer- 
sey, liaveing  further  Considered  tliat  much  of  y*'  Interest 
of  the  said  Province  lyes  in  the  exi)editious  building  of 
y'"  ground  on  Ambo  Point,  which  we  Intend  shall  be  called 
Pertu  Towne  doe  give  you  the  Ordc^rs,  and  Instructions 
following  (Viz') 

J iii.pri mix     That  as  soone  as  ])(jssil>lc,  after  it  shall  please 


1  The  copy  of  these  in^tructioDH,  sent  to  Scothmd  for  the  sij^iiatnros  of  the  I'lu- 
pi'ietors  tliere.  is  in  the  library  of  the  New  Jersey  IMstoriiMl  Society.  There  are 
soiiii-  trilling  ditrerenees  from  the  one  used  for  this  work,  in  spelling.  (■a))itals  and 
alibreviations,  and  a  few  ol'  more  eon.sequt^m'o.  The  coiiy  for  Scotland  lias  the  date 
a'  tlie  fr)cit  of  the  instrnniiMit.     El>. 

2  The  Scotch  cojiy  has  the  name  of  Samuel  (Jrooni  erased,  and  the  address  is  a.«« 
lolliiws  :  "  y^x  (lauen  Lawrie  \<'  who  are  I'ropiietors  i  of  ye  Councell."    Ei>. 


1683]         LAYING  OUT  OF  PERTH  AMBOY.  435 

God  you  are  Safe  arrived  in  East  Jersey  you  doe  inspect 
what  is  done  vpon  our  former  order  to  Samuel  Groome, 
concerning  building  of  twenty  four  houses  in  Perth  Totone, 
one  for  each  Propriety,  and  in  case  they  be  not  done,  that 
then  you  cause  them  to  be  finished  with  all  expedition, 
and  that  on  each  house  there  may  bee  bestowed  thirty 
pounds  Ster^  :  prime  cost  in  England  but  not  more. 

Iff  til  that  such  Proprietors  as  are  personally  there  doe 
possess  or  dispose  of  his  owne  house  as  he  shall  see  most 
lift 

//(///.  That  such  <>f  y''  twenty  four  houses  as  belong  to 
those  Proprietors  who  have  not  sent  servants  to  settle  in 
y^  said  place,  you  nre  to  dispose  of,  as  you  shall  see  most 
suitable  to  the  Encouragml'  of  those  who  shall  come  to 
settle  in  the  said  Towne,  and  are  destitute  of  houses  to 
give  them  present  entertaynm',  [the  proprietors  or  their 
agents  &  servants  comeing  thither  being  lirst  accommo- 
dated. *] 

Itenh  What  house  is  lett  for  Rent  tho  the  Proprietor 
be  not  present,  nor  have  sent  any  servants  to  settle  there, 
yet  the  said  rent  shall  be  applyed  to  the  proper  account  of 
the  Respective  Proprietor  of  such  house 

Itciii  That  you  doe  lett  no  house  belonging  to  any  such 
Proprietor,  but  on  this  condition,  that  when  himselfe,  or 
any  Agents,  or  Servants  arrive  to  Inhabit  there,  the  said 
house  shall  be  Surrendered  on  Six  '-*  months  warning. 

IteNi  That  it  may  appear  how  Greatly  desirous  the 
Proprietors  are  of  y'^  expediteing  the  worke  of  building 
this  Towne  They  do  vnanimously  consent,  and  agree,  that 
there  be  a  house  built  for  y®  Governour  at  the  publi(pie 
charge  and  in  pursuance  thereof,  doe  hereby  Order,  and 
Impower  you  to  Sett  out  such  a  portion  of  land,  In  such 
convenient  place  as  you  shall  thinke  most  convenient  to 
build    the   said   house  thereon,  and  to   enclose   so   much 


1  The  words  between  the  brackets  appear  to  have  been  added  aft«r  the  rest  of 
the  instrument  was  written,  and  do  not  appear  in  the  Scotch  copy.    El). 
',i  "  Three,"  lirst  written  and  erased.    El). 


43«1  NKW    .)KKSKY    OiLoNIAF,    DOCT'MENTS.  [1683 

ground  as  iiiav  l»c  iieccsparv,  and  Mixk'rrttidy  vsefull.  for 
(xanleii.  <  )rchard  and  i>tlier  act'oininodrttioiis  for  a  Gov- 
ernour;  And  to  answer  tlie  charge  tliereof,  yon  are  liereby 
( )rdered  to  niak  vsc  of  y*"  Publique  Stock  In  tlie  said 
I'rovince,  and  in  ease  that  fall  short,  wee  do  consent,  and 
ajxrce  and  accordingly  hereby  Impower,  yon  to  draw  bills 
on  snch  Proprietoi's  as  here  bee  at  London  b}'  tlunnsches 
And  on  such  Pro|)rietors  as  are  in  Scotland  by  themselves, 
and  for  such  Pruiu-ietoi's  as  ivside  in  y''  said  l*rovincc  you 
are  to  charue  thcni  with  theii'  parts  there,  so  as,  on  every 
respective  Pro]u-ietie,  you  Di-aw  oi-  Charge  the  valine  of 
ten  pounds  ster.  and  no  more,  wiiich  if  there  be  occasion 
for,  it  shall  be  layd  out  on  the  said  Intended  house  for 
vour  selfe.  and  those  that  Succeed  you  as  Governour  of 
that  said  Province,  and  shall  reniaine,  and  for  ever  be 
deemed  as  the  Publi(pie  estate  of  the  Pro])rietors  in  Joynt 
Stock  ;  but  the  four  and  Twenty  houses  to  be  first  finished 
before  y^'  (4ouernors  house  go  on 

Jteni  y(»u  are  also  hereby  ordered  to  remove  the  Gov- 
ernm''  of  the  said  J*roviiu'c  to  Perth  Towne  with  all 
jtossible  expedition,  and  that  y''  Counsell  do  sitt  there, 
and  that  y^  (^ourts,  and  quarter  sessions  be  held  there,  for 
time  to  come,  till  further  Order,  and  as  soone  as  may  be, 
that  the  Assembly  do  also  sitt  there,  and  that  all  such 
publique  business  be  brought  thither,  as  may  ])romote  y® 
dispatch  of  building  the  said  Towne,  and  the  trade  thereof, 
to  give  encouragemi^  to  all  such  as  shall  come  t(t  settle 
there 

/fr/ii  that  whereas  there  is  six  lotts,  or  shares  of  ground, 
ovi'r  and  above  the  144  which  make  six  a  piece  for  each 
Proprietor  which  has  been  designed  for  Markets,  wharfes, 
Prison,  Town  house  iV  such  like  publique  vse.  it  is  desired, 
that  the  Intended  house,  and  ground,  for  residence  of  y*" 
Governour  for  the  tinu;  being;  bee  sett  out  of  part  of 
y'"  said  six  lotts,  or  shares  ;  But  you  the  p'sent  Governour 
and  the  (iovernour  for  the  time  beeing,  are  hereby  Im- 
])Owred  to  exchange  any  spot  of  ground,  with  any  other 


1683]  LAViNc;  otJT  OF  pkrth  A^srjjov.  437 

not  yett  taken  vp  for  the  like  quantity,  if  the  convenience 
of  situation  for  the  said  house  doe  require  it.  And  so  wee 
hid  you  heartly  Fai-eM'elh 

Tiio:  Cox  (tawkn  Lawrik  Will.  Dockwka 

Kich:  Mp:\v  Tiio:  Cooper  Tho:  II aim 

C'lem"^:  Plumstko  Tho"  1>akki:k  Wm:  (iinso.N 

it^"-  pxy«  fr  A:  px''  for 

Rob'^  Turner.  Amuros  IlTrT<T  Jamks  I5RAix;ekK'r 

Dated  in  London  the  2P.*  day  of  Septend>:   anno  Doui 
1083  &  sealed  w^''  y*"  seale  of  tlie  Province. 

[The   signatures    t<^    tlie    <'opy   sent    to    Scotland    were 
arranged  as  follows :] 

Subscribed       Tno:  Cox  Tho:  Coopkr 

in     Scotland       Will:  Dockwra  Gawen  Lawrie 

the     22     of       W:  Gibson  Tho^  Barker  &  px*^ 

Oct:  &  ii  of       Tho:  Hart  for  Ambros  Riggs 

:N''ov.  1683  Eich:  Mew.  Perth 

[l.  s.]  Clem''  Plumsted  it  se  RoT  Burnet 

pxy  fr  R.  Barclay 

Robt  Turner.  W-^  Gibson  A 
John  Hancock  Proxie  foi- 

Rof  Gordon.  ^V''  Penn 

Peter  Sonmans  Johanna  Sonmans 

James  Brain  eldei-  Rachel  Sonmans 
J.  Drummond 
\En(lors<i1 :]   To  he  sent  For  Scotland  Ar  to  he  returned. 


Governor  Dongdu,   nf  Xcn'    )(>rl\  i<>    Governor   William 

Penn . 

[rroiii  "  Peimsylvania  Ai-cliivos,"  \'ol.  1..  \^    .-'(1.) 

s? 

I  was  Snrprised  when  Ca])t.  Baker  came  to  nie  and  told 
me  that  yon  wonld  purchase  his  interest  of  Governor 
Nicoll's  his  Patent,   which    seemed    very  Strange  to  me, 


4I')>1  NEW    .IKRSKY    COl.oNIAL    Dori'MENT;:.  [1083 

beciuise  you  had  advised  me  U>  it,  and  I  told  y<ni  1  resoh  t-d 
upon  it  in  Particular. 

Governor  Kudiard  came  to  \\w  and  seemed  niif^lity 
an^ry  that  1  should  offer  to  hny  it.  hi-  alledijing  tliat  it  is 
to  Countenance  tlie  people  t<>  he  mutinous  ai^ainst  that 
Government,  the  wliich  is  ahsolutel}'  contrary  to  my  Prin- 
ciples and  thoughts  :  if  I  have  any  I^and  tliere,  as  I  ques- 
tion not  but  1  shall  before  I  see  you,  1  shall  as  willingly 
submitt  to  the  Laws  of  the  Government  as  any  one  J.iving, 
and  Lay  down  my  Pro])ortion  of  Payments  with  as  great 
willinijness  as  anv  of  them  all — he  seems  not  to  be  well 
pleased  witli  you,  because  ]\r  has  hrai-d  yon  designed  to 
buy  one  of  the  Patentees  interests  ;  1  doubt  not  but  what 
you  do  is  for  the  Interest  of  his  Royal  Highness  in  this 
particular  affaire;  If  possibly  1  can  see  yon  before  Winter 
comes  on,  I  will. 

All  business  goes  on  here  to  gi^eat  Satisfaction ;  the 
Ses(piehannok  lliver  is  given  me  by  the  Lidians  by  a 
second  gift,  about  which  you  and  1  shall  not  fall  out :  I 
desire  we  nuiy  Joyne  lieartily  together  to  advance  the 
Interest  of  my  Master  and  your  good  Friend  :  I  expect  to 
hear  from  you,  how  you  would  have  nu'  |)ro(H'ed 
Di'ai'  Sir,  1  am  your  atfeetionate 

Fi'iend  vV  ilundih'  Ser\ ', 

Fort  James  Oct'' 22*' ir)S8  Tno.    1)oN(.an 

''  For  WiLMAM   Pknn,  Es(]uire. 

"  Ciovei'uor  of  l^ensilvania." — 


C/iif/'/'-^-     11.    ti>    till      (nii'il'linr    It  III/     CiiilHi-il    of    h'lixl     \cir 

JllSllj. 

I  From  I'lililic  Hi'conl  Ollici',  I.tiiiiloii.l 

c       liiopi  ^xmA       li 

ClIAkl.ES     //. 

"ITTIIKREAS  His  Majesty  for  divers  good  Causes  and 

^'       Considerations    Ilim    thereunto    moving.    By    His 

Letters   Patents    bearinu   Date    the    29th    of   June   Anno 


CHABLES  It.  TO  GOVERNOR  AND  rOUNCTE.  4?)9 

DojiE  1674.  in  the  Six  and  twentieth  year  of  His  Majes- 
ties Tteign,  was  pleased  to  give  and  grant  nnto  His  Dear- 
est Brotlier  James  Dnke  of  York,  several  Coantreys, 
Islands  and  Tracts  of  Land  in  America  ;  Part  of  wliicli 
were  since  called  by  the  JKanie  of  Nova  Cipsaria.  or  Xew 
Jersey,  and  was  Vested  in  John  Lord  Berkeley  of  Stratton 
and  Sir  George  Carteret  Knight  and  Baronet,  who  are 
hoth  of  His  Majesties  most  Jlononrable  Privy  Conncil, 
and  in  their  Heirs  and  Assigns :  And  the  East  Part  or 
Portion  of  the  said  Province  of  New  Jersey,  by  a  certain 
Deed  of  Partition  afterward  made,  became  the  Share  of 
the  said  Sir  George  Carteret,  his  Heirs  and  Assigns,  and 
was  agreed  to  be  called  East  New  Jersey,  and  was  since 
Assigned  to  the  present  Proprietors.  And  whereas  His 
Royal  Highness  James  Dnke  of  York,  by  His  Indenture 
bearing  Date  the  14th.  day  of  March  Anno  Dom.  10S2.  in 
the  Five  and  Thirtieth  year  of  His  Majesties  Reign  (for 
the  Consideration  therein  mentioned)  did  Grant  and  Con- 
firm the  said  Province  of  East  New  Jersey  (extending 
Eastward  and  Northward  all  along  the  Sea  coast  and  Hnd- 
sons  River,  from  Little  Egg  Harbour  to  that  jiart  of  Hud- 
sons  River  M'hich  is  in  Fonrty  one  Degrees  of  Nortliern 
Latitnde,  and  other  ways  Bounded  and  Limited,  as  in  the 
said  Grant  and  Confirmation,  relation  being  therennto  had, 
may  more  particular!}'  and  at  large  appear)  nnto  James 
Earl  of  Perth,  John  Drummond  of  Londine,  as  also  unto 
Robert  Barclay  of  Yry  Esq  ;  Robert  (Gordon  of  Chmy 
Esqnire,  and  other  His  Majesties  Loving  Subjects  in  Eng- 
land, Scotland,  and  elsewhere,  to  the  nnmber  of  Twenty 
four  Grantees,  and  to  their  Heirs  and  Assigns  for  ever, 
together  with  all  Powers  and  Jurisdictions  necessary  for 
the  good  Government  of  the  said  Province. 

His  Majesty  therefore  doth  hereby  Declare  His  Royal 
Will  and  Pleasure,  and  doth  straitly  Charge  and  Command 
the  Planters  and  Inhabitants,  and  all  other  persons  con- 
cerned in  the  said  Piovince  (»f  East  New  Jersey,  That  they 
do  submit  and  yield  all  due  Obedience  to  the  Laws  and 


44n  NKW    .IKK>KV    ('(il.oMAI.     I  x  h  I  M  KNI  >.  |  1683 

(i(nL'iiiiiieiit  of  tlic  said  ( ii'antc'fs,  their  llciie  and  Assi>^ii.s, 
as  absolute  Proin-ietors  and  Governoiirs  thereof  (wlio  have 
the  i?ohi  Power  and  Klii^ht  derived  under  Ills  lloyal  JliLrli- 
ness  from  His  said  Majestv,  to  Settle  and  Dispose  of  the 
said  Province  upon  sueli  Terms  and  Conditions  as  t(»  tliein 
shall  seem  meet)  and  also  to  their  Deputy  or  i)i'j)utie8, 
Agents,  Lieutenants,  and  Officers  lawfully  C'ommissionated 
by  them,  aecordino-  to  the  Powers  and  Authoi'ities  i!;ranted 
to  tlu'iii  :  And  of  this  His  Majesties  Royal  Will  and 
Pleasuiv,  the  Governour  and  Council  is  Pe(|uired  to  iiive 
[)ubli(;-k  notice  ;  His  Majesty  e\])ecting  and  Recjuiring 
foi'thwitli  a  diu*  Com[)liaiice  with  this  11  is  lloyal  Will 
and  Pleasure  from  all  persons,  as  well  without  the  Prov- 
ince as  within  the  same  (whom  these  Pi'esonts  do  or  may 
concern)  as  they  Avill  answer  the  contrary  thereof  at  theii- 
])eiMl. 

Given  at  the   Court   at   Whiteliall  the  2.'5d  day  of 

November  1083.     In  the  Five  and  thirtieth   Year  of 

His  Majesties  Tieign. 

By  His  Majesties  Conimaiul 

Sl■^T)EELA^"I) 

To  the  Govei-ii<»iir  and  Council  of  East  New  Jersey 
f(»r  tile  time  being,  and  to  the  Planters,  Inhab- 
itants, and  all  otbcis  coni-crnod  in  the  said 
i*i'ovinc('. 


in  the  3:.th  year  of  his  Majesties  ueign,  ]\ran-h  14.  1»'.82. 
His  Ro^'al  Highness  gi-anteil  and  confirmed  the  said  Pi"ov- 
ince  of  East-Xkav-Jkuskv  to  James  Earl  of  J*erth  and 
others  to  the  Nund)er  of  Twenty  four  Grantees  as  Pro- 
prietors thereof;  witli  all  Islands,  l!ays.  Rivers,  AVaters, 
Forts,  Mines,  Minerals,  (Quarries,  Royalties  Franchises, 
and  Appurtenances  M-hatsoever  to  the  same  belonging  or 
in  any  wise  appertaining,  and  all  his  Estate,  Title,  Interest, 
Reversion,  Remainder,  Claim  and  Demand  whatsoever, 
as  well  in  Law,  as  in  Equity,  of,  in,  unto,  or  out  of  the 


168B]  CHAKr.KS  ri.  to  (;o\i:k.\ok  and  coirxoiL.  4-H 

same  or  any  part  or  2)arcel  of  the  same.  As  also  the  free 
use  of  all  Bays,  Rivers,  and  Waters,  leading  nnto  or  lying 
between  the  said  Premises  or  any  of  them,  in  the  said 
parts  of  East-Neav-Jeksky  for  Navigation,  Free  Trade, 
Fishing,  or  otherAvise,  together  with  all  and  every  sneh 
and  the  same  Powers,  Authorities,  Jurisdictions,  (Toverii- 
ments,  and  other  Matters  and  Things  whatsoever,  which 
by  the  said  respective  recited  Letters  Patents,  or  either  of 
them,  are  or  were  ^ranted,  or  intended  to  be  g-ranted,  to 
be  exercised  by  his  said  Royal  Highness,  his  Heirs  and 
Assigns,  Deputies,  Ofiicers.  Agents,  &c.  To  be  enjoyed, 
exercised,  and  executed  by  the  said  Grantees,  Pro])rietors 
of  the  said  Province  of  East-New-Jersey  for  the  time 
being,  their  Heirs  and  Assigns  for  ever,  as  fully  and 
amply  to  all  Intents,  Constructions,  and  Purposes,  as  his 
said  Royal  Highness  or  his  Heirs,  might,  could,  or  ought 
to  hold,  enjoy,  use,  exercise  or  execute  the  same,  by  force 
and  virtue  of  the  said  several  and  respective  before  recited 
Letters  Patents,  or  either  of  them,  or  of  any  thing  in 
them,  or  either  or  any  of  them  contained,  or  otherwise 
howsoever. 

God  save  the  King. 


T/ie  Proprietors  of  East  Jersey,  in  1683. 

[From  Public  Kecord  Office,  Loudon.  1 

The  Names  of  the  present  Proprietors  of  the  Province 
of  East-New- Jersey  ^  Are,  as  follows,  Viz. 

James,   Earl  of   Perth,    Lord    Justice   Geiu^ral   for    tlie 

Kingdom  of  Scotland. 
John  Drummond  of  Londine  Tivasurer   L)ei)uty  for  the 

said  Kingdom. 
Sir  George  Meckenzie  of  Tarbet  Clerk  to  his   ]\fajes- 

ties  Register  and  Rolls  in  the  said  Kingdom. 
Robert    Barclay,    David    Barclay    Junior    of    Ury 

Esquires. 

1  No  date.    The  foregoing  letter  was  printed  for  cii-culation,  and  this  document 
■was  appended  thereto.    Eu. 


442  NKW    .IF.USEV    roT.ONrAL    DOCUMENTS.  [1CS3 

lioiiKiM'  Gordon  of  Cliiiiic  K^(|  ; 
lioiiKKT  BruNKi-  Gent. 
1'ktkr  Sonmans  etc.  Gent. 
W 1 1. F.I  AM   Penn  Escj  ; 

'I'lloMAS    RUDDIAR  |  Ivl  hVAUh] 
Rk'HAKD    ]\rR\V    j 

Thomas  Hart     -  Mercliaiits. 

Jame.s  ]]raine  j 

Clement  Plumstead  Giti/.en  and  Draper  of  London. 

Tho.  Cooper  Citizen  and  ]\rei"<'liant  Taylor  of  I.ond(tJi. 

Gawen  Lawrie  ]\[er<'liant. 

Edward  ]>yi,lynge  Gent. 

AViLLiAM  Gibson  Citizen  and  HalKM-dasluT  of  London. 

Thomas  Barker        )  ,,      , 

^,r  -r»  ,-  JNlei-cliants. 

Walter  Isenthall  \ 

TtOHERT  Turner  )  of  J)nblin 

Thomas  Warne  \  ]\[ei'clianrs 

Thomas  Cox  Gent. 

and 

William   Dockwra  of  J.oiidoii  Merdiant. 

Here  follows  the  IJound'*  of  the  said  Pro\'inct\  and  its 
A|)j)nrtenan('es,  -with  the  Nature  of  the  Title  of  His  Royal 
lli^'hness's  Grant  and  Contirniation  to  Twenty  foui'  Pro- 
prietors, their  Heirs  and  Assii^ns  forever.  Viz. 

''pilK  Kinijs  Majesty  hy  his  Letters  Patents  in  the  IHth 
^  and  2»!th  (d"  his  lu'ii;-n  did  give  and  grant  to  his 
Dearest  Prothei-  James  Dnke  of  Yoi-k,  his  Heirs  and 
Assigns  for  ever,  among  other  things  therein  mentioned, 
All  that  Tract  of  Land  adjacent  to  New-England  in 
Anicrica  and  lying  and  being  to  the  Westward  of  Long- 
Island,  and  iSLiidiattas-Island,  and  honnded  on  the  East 
jtart  hy  the  Main  Sea,  and  part  hy  Hudsons  Ri\'ei\  and 
hath  ii|)on  the  West  Delaware  Hay  or  River,  and  extend- 
eth  Sonthward  to  the  Main  Ocean  as  far  as  Cape  May  at 
the  Month  of  Delaware  Bay;  and  to  the  Northward,  as 


1683]  NAMES    OF    EAST    .lERSEY    PROPRIETORS.  44?> 

far  as  the  Northermost  Branoh  of  the  said  Bay  or  River 
of  Delaware,  wliich  is  in  41  Degrees  and  40  Minutes  of 
Latitude,  and  crossing  over  thence  in  a  straight  line  to 
Hudsons  River  in  41  Degrees  of  Latitude ;  which  said 
Tract  of  Land  and  premises  was  then  called  Nova  Ctesaria 
or  New- Jersey,  with  all  the  Lands  Islands,  Soils,  Rivers, 
Harbours,  Mines,  Minerals,  Quarries,  Woods,  Marshes, 
Waters  Lakes,  Fishings,  Hawkings,  Huntings,  Fowlings, 
and  all  other  Royalties,  Profits,  Commodities  and  Here- 
ditaments unto  the  said  Premises  belonging  and  apper- 
taining, or  to  belong  or  appertain,  with  their  and  every  of 
their  Appurtenances. 

His  Royal  Highness  James  Duke  of  York  in  the  said 
16th  and  26th  Years  of  His  Majesties  Reign,  granted  the 
Premises  to  John  Lord  Berkley  of  Stratton,  and  Sir 
Geoi'ge  Carteret  Knight  and  Bai-onet  both  of  His  Majes- 
ties most  Honourable  Privy  Council,  and  to  their  Heirs 
and  Assigns  for  ever. 

The  Assigns  of  the  Lord  Berkley  made  Agreement  with 
Sir  George  Carteret  in  the  28th  Year  of  His  Majesties 
Reign  for  Partition  of  the  said  Tract  of  Land  and  premises, 
to  be  by  a  strait  and  direct  line  drawn  tliorow  the  said 
Tract  of  Land  from  the  North  partition  point  to  the  South 
partition  point ;  the  Eastern ly  part,  share,  or  portion  there- 
of falling  to  Sir  George  Carteret,  and  was  agreed  to  be 
called  East-New-Jersey  :  the  which  was  assigned  in  the 
24th  year  of  His  Majesties  Reign  to  several  persons  by 
John  Earl  of  Bath  and  other  Trustees  of  Sir  George  Car- 
teret deceased,  by  the  consent  and  direction  of  Dame 
Elizabeth  Carteret  his  Relict  and  Execnti-ix,  Szc. 


Ailditioiiiil  Provifitons  to  Conxfifntioii  of  Knxi  Jtrsey. 

[From  "Grauts  and  ("oix-cgnioiis,"  p.  179.  | 

Proviso  and  addition  to  the    Fundamental   Consti- 
tutions. 
Whereas    We  the   Governor  and  Proprietors   of  Jiast 


44-1:  NKW    .IKk^^KV    COl.oMAr.    I  >(  •ttMKN-|S.  [IfiS;^, 

y^',  ir-.Jrr-s<  1/  ill  A  III' rtfii,  huvc  agrt'L'<l  tu  ;i  Scheiiie  and 
Form  III"  Fiiii(laiii('iitiil  Constitutions  tor  Government, 
i^reatly  tending-  to  tlie  Benefit  and  Advantage  of  the 
IManters  and  Inliabitants  of  tlie  said  Province,  wherein 
we  liave  coiiceeded  divers  Priviledj^es  to  tliem,  and  given 
them  Cominunieation  of  Part  of  the  Powers  we  stand 
seized  in ;  AVc  have  seen  meet  for  good  and  weiglity 
Considerations  as  a  fnrtlier  Signification  and  Exj)lination 
of  our  Intentions  therein,  to  declare  that  we  intend  n(»t 
(neitlier  will  we)  that  tlie  said  Scheme  of  Government  he 
proposed  oi"  yielded  to  any  Person  or  Persons  hut  such 
as  shall  plant  or  coiiic  to  he  Inhabitants  in  the  said  Prov- 
ince niuk'r  ns,  and  by  \  ii'tue  of  Deeds  or  (Grants  from  us, 
or  our  Agents,  after  our  })i'esent  De]mty  Gaicn  Ijnonj 
is  arrived  and  settli'd  tliere  :  But  we  do  not  yield  them  to 
such  as  have  been  or  are  Inlial)itants  of  the  said  Province 
before  his  arrival  ;  yet  nevertheless  as  we  are  most  will- 
ing to  approve  oui'selves  both  just  and  kind  to  the  former 
Planters  and  Inhabitants,  we  dechire  and  offer  unto  them 
the  Benefit  of  the  said  Fundamental  Constitutions,  under 
the  Limitations  and  Conditions  after  following  and  no 
otherwise. 

T 

That  the  (irants  and  Patents  of  all  Planters  and  Inhabit- 
ants in  tlie  said  Province,  by  which  they  claim  to  hold 
any  Pand  in  the  same,  be  first  viewVl  and  examin'd  by 
our  l)ei)uty  for  the  Time  being,  and  the  major  Pai't  of  the 
I'roprietors  that  come  personally  on  the  IMace  (who  are 
n(»t  exi'inpted  in  the  twelfth  Article  of  tlie  said  C\»nstitu- 
tions  from  ])ublick  Trust)  and  be  a])proved  by  tliem  as 
justly  and  legally  obtainM  ;  and  that  if  it  be  iiitiuiri'd  int(> 
and  found  by  them  (or  siu-li  as  they  shall  appoint)  tliat 
their  J^ands,  as  to  the  ^«' umber  of  Acres,  do  agi-ee  with  and 
not  exceed  their  respective  (irants  and  Patents;  and  that 
our  Sevenths  be  retain'd  accoi'ding  to  the  old  Ct)ncessions  ; 
and  that  all  legal  Titlcjs  and  Grants  whatsoever  formerly 
obtained,  and  that  shall  hereafter  be  obtained,  be  entered 


1683]  ADDITIONAL  REVISIONS  TO  CONSTITUTION.  445 

in  the  new  Register  for  Confirmation  by  the  present  Pro- 
prietors never  to  be  questioned  for  Time  to  come,  to  the 
End  there  may  be  perfect  Peace  and  Settlement  of  every 
Man's  Title  in  the  l^rovince. 

11 

That  they  give  him  and  them  Satisfaction  as  to  tlie 
Arrearages  of  Quit  I^ents  owing  by  them,  to  wliich  we 
have  just  Right,  or  satisfy  him  or  them  for  the  same,  by 
surrendering  back  such  Part  of  their  Lands  (to  w^iich  they 
have  good  Title,)  as  shall  be  to  the  Value  of  such  Quit 
Rents  as  they  owe. 

HI 

That  they  settle  with  him  as  to  the  punctual  Payment 
of  Quit-Rents  for  all  Time  coming  :  But  that  no  more 
Land  than  what  does  appear  upon  the  Re-survey  due  to 
any  Man  (reasonable  Commonage  excepted)  be  continued, 
tho'  he  would  pay  the  Quit-Rent,  but  that  it  be  taken  into 
the  Proprietors  Possession. 

IV. 

That  they  agree  in  the  General  Assembly  or  Great 
Council,  to  pass  an  Act  for  constant  Support  of  the  Gov- 
ernment and  defraying  the  publick  and  necessary  Charges. 

But  in  case  all  or  any  of  them  j^rove  obstinate  and 
refractory  in  these  Particulai's,  we  will  and  require  our 
Deputy  Governor  to  rule  such  as  can  justly  claim  to  the 
former  Concessions  granted  by  Sir  0<'orge  C<irt<r('t^  accord- 
ing to  them,  and  to  recover  our  Rights  that  are  due  from 
them  :  And  for  others  that  do  not  readily  compl}^  with 
these  Conditions,  that  he  Rule  them  according  to  the  full 
extent  of  the  I^ower  and  Authority  granted  to  us.  as  he 
will  be  answerable. 

Nevertheless  in  Case  the  said  Planters  and  Inhabitants 
are  willing  to  make  a  fair  and  honest  Compliance  with 
our  just  Demands,  to  the  End  that  the  Settlement  with 
them  may  not  be  retarded  by  our  being  at  a  distance,  we 
hereby  grant  to  our  Deputy,  jointly  with  tlu'  Major  Pai-( 


446  NEW    JERSEY    COLONIAL    IxkUMENTS.  [1683 

of  the  Pntprictors,  (that  c-oiiic  perM»iially  on  the  TMace) 
not  exce])tofl  as  aforesaid,  our  full  and  free  Power  to  settle 
and  conclude  witli  the  said  Phiiiters  and  lidiabitants,  or 
any  of  them,  u})(>ii  siidi  'i'ernis  as  tlicy  shall  judge  most 
e<|ual  to  them,  an<l  ('(uix cnient  for  our  just  Interest;  and 
to  distinguish  such  o\'  theui  as  he  and  they  shall  find  very 
deserving  in  ])romoting  the  l'roi)rietors  just  Interest,  by 
particular  Marks  of  Favour  and  better  Allowance  to  them 
than  others  ;  ami  that  all  such  may  be  madi'  partakers  of 
the  Benetits  and  Advantages  ])roposed  in  the  said  Con- 
stitutions, but  none  other ;  Only  we  do  not  allow  any 
Agreement  to  be  made  for  selling  of  the  (^uit-Kents  to 
any,  until  we  be  further  acquainted,  ami  that  wt.'  send  our 
more  particidar  Orders  tliereu})on.  In  AVitness  whereof 
we  have  subscribed  this  in  Srotldml  the  T(  ntJi  of  Decenh- 
her  1688,  and  at  London  the  <>n<  and  Tirt  ni'ofh  Day  of 
Decetnhcr  1683,  and  thereto  athxed  the  Seal  of  the  Prov- 
ince for  its  further  Sanction. 

PiilrcJillJ.  PciiJi.         h'olx  I'f       (ior<lon.  h'nJulrtl      ^/i  II'. 

TJioiiHUi  Cod'.  Thoinux  I /((it.  '/iditis  lirinni.  Hohti't 
Hiirni't.  Th(»iii(s  (/ooj^r.  Ihniho.  (iihsmi.  WlJIiaiii. 
Gihfton.  Clenunt  PJuiiixtmiK  ^V'llJ'niiii  /><K'ktrr<u  and 
Proxv  for    l)rii uiinonil .      lltoiinis   I»(i !■},■<  r.  and    Pi"n.\y   for 

A  lllfu'OK(      Ik  HjlJ. 

To   (imcn    Liiiri'K.,    l>e[)uty   (ioNcrnor,  and   to  the   rest  of 
the  Proi)rietors  who  are  of  the  Ouuncil  in   Kaxt  Xini 

Jil'KilJ. 

From    ihi     Pro/>ri<  fill's   fo     P'juifi/    ( ioi'i  fiior    Ldii'i'n:    und 

(  'nil nril . 
I  Kioiii  "  IJiaiits  ami  roiici'ssions,'  ji.  1,<1.J 

(ruwu  Laivru.,  ami  fellow  l*i'(>})iiet()rs  in  Council. 

AVk  have  seen  and  considered  the  Letters  brought  us 
from  host  ,Ii  r.si  ij  by  John  Jiarrlin/^  from  Tlioiiois  Itud- 
ijiiril  and  Sannui  (i roonu\^  and  thu'  we  doubt  not  of  thy 


1(>84]  PROPRIETORS    TO    LAWRIE   AND   COUNCIL,  447 

Prudence  and  Discretion  in  tlie  right  Management  of  our 
Affairs,  yet  for  thy  further  Ease  and  Assistance,  we  have 
thought  n)eet  n])on  those  to  add  wliat  is  hereafter,  unto 
the  foi'iner  Instructions  given  thee. 

We  are  very  sensible  of  Sionnd  Grooiiies  honesty  and 
fidelity  to  our  Interest,  and  therefore  cannot  but  very  well 
approve  of  his  Procedings,  both  in  his  care  in  seeking  out 
and  discovering  the  best  Land,  and  surveying  it  out  for 
our  Pse ;  for  his  endeavours  to  clear  it  of  the  Indian 
Incumbrances,  and  for  his  refusing  to  comply  with  the 
particular  Interest  of  any  there,  by  accommodating  them 
with  Lands  (or  others  at  their  Desire)  to  our  general 
Prejudice ;  and  this  w^e  are  willing  to  be  signified  to  him  in 
our  Name ;  and  we  wish  there  may  a  Way  be  found  where- 
by he  may  still  continne  to  be  concern'd  with  ns  :  And 
tho'  we  are  not  willing  to  let  Thomas  RKclya/'d  want  his 
due  acknowledgment  for  his  good  Service  done  in  resist- 
ing and  cnrbing  the  tumultuons  Spirits  there,  and  for  his 
Care  of  his  own  and  our  Concerns,  in  that  respect,  yet  we 
wholy  disapprove  his  offering  to  put  another  Surveyor 
over  Samuel  Groonie,  and  we  will  not  that  any  such  Grant 
of  Land  as  having  been  yielded  by  Tliomas  liudijunl 
after  this  Manner,  and  not  survey'd  by  Samnel  Gi'ooine^ 
be  good  and  valid,  but  declare  them  to  be  void,  as  being 
done  without  our  Knowledge  and  against  our  Interest ; 
for  we  will  never  consent  to  such  a  preparative,  that  the 
Governor  and  Council  there  shall  dispose  of  our  Land 
there  upon  what  Terms,  and  to  whom  they  seem  meet, 
without  the  Consent  of  the  greater  Number  of  the  Pro- 
prietors or  their  Proxies, 

And  as  to  Thomas  Rudi/ai'd's  Objections  upon  this 
Point,  that  it  is  to  the  Detriment  of  the  Province,  for  that 
Peoj^le  have  not  Land  to  settle  upon  who  are  willing  to 
come  and  dwell  there,  whereas  in  other  Provinces  several 
Thousands  are  (juickly  accomnutdated,  and  have  Land  laid 
out  to  them.  We  Answi^r,  that  t(»  avoid  tliis  difficulty  we 
had  proposed  a  \ery  good  way  {to  t/u'f)  that  Ten  Tluuisand 


448  np:w  jersey  cor.oNiAr,  porcMENxs.  [1684 

Acres  of  the  best  and  timst  conxeiiicnt  J.aiid  .sliould  be 
laid  out  for  t-ach  J^i'<ij)i'ii'tui-  tiivt  of  all.  and  then  let  biich 
as  are  there  grant  out  of  that  Land  as  they  please  and  can 
agree,  to  such  as  oifer  there  to  plant,  and  leave  others  to 
follow  such  Methods  for  the  improving  of  theirs,  as  they 
see  most  convenient;  and  thus  all  Occasion  of  differences 
may  be  avoided,  and  not  one  encroach  upon  another,  and 
those  that  come  there  to  plant  not  want  a  Settlement :  Nor 
do  we  see  any  difficulty  in  this  Matter  of  the  Ten  Thou- 
sand Acres,  seeing  to  facilitate  the  same,  we  gave  Order, 
that  whenever  any  Tract  oi  Land  were  fonnd  out  and 
survey'd  for  the  Proprietors  use,  it  might  be  cast  in  three 
Lots  whether  it  be  Twelve,  Eighteen  or  Twenty-four  or 
Thirty  Thousand  Acres,  less  or  more;  and  the  one  Third 
cast  together  under  the  Name  of  tlie  Scoff.s  Pro])rietors, 
who  will  take  care  of  the  ordering  the  Sub-divisions  there- 
of, by  jn-ivate  and  particular  Orders  to  their  own  Agents 
and  Overseers:  And  have  also  sent  over  John  IivId  {ixnd 
if  he  be  found  capable)  a  good  Surveyor  to  make  their 
particular  sub-divided  Surveys,  after  the  Total  is  survey \l 
by  the  general  Surveyor.  And  now  we  are  of  the  Mind 
that  for  the  more  facilitating  of  this,  when  any  Tract  of 
Land  is  set  out  for  the  Proprietors  in  order  to  the  making 
up  of  the  Ten  Thousand  Acres  above  mentioned,  it  may 
be  cast  not  in  three  ;  but  in  two  Lots,  seeing  the  6'cofs, 
with  those  that  are  concerned  with  them,  (are  resolved  to 
follow  that  Method)  may  make  uj)  the  one  half,  or  ]>roba- 
bly  will  e'er  this  come  to  be  put  in  Practice,  being  already 
1  Pi'i-th,  12  L(in<h/y  ?i  Barvhui^  4  Jhinut,  5  7i'.  Gordon^ 
whereof  (r.  L.  hath  the  half,  ('»  (r<(ini  Lawrie^  which 
belongs  to  Arent  Sonniaii\s  Children.  7  Ai'tnit  Sonnian^, 
now  belonging  to  his  Son,  8  Barthoiiuti'  G'thson.,  9  JMmd 
Hni'daij^  10  Willi  It  III  Dorl'trm,  11  the  half  of  llkhai'd 
j1/t'M' belonging  Xo./a/in  Ildncucl,  AVidow  .Vo/^///(//?,v  Ib'other ; 
so  that  we  doubt  not  but  the  one  half  may  be  reckoned 
upon,  and  thei'i'foi-e  we  oi'dcn-,  that  the  Tracts  of  Land 
survexM   out   for  the    I'l-oprietors   may    from   time  to   rime 


1684]  PROPRIETORS    TO    LAWRIE   AND   COUNCIL.  449 

be  cast  in  two  Lots,  the  one  called  the  Scots  Lot,  and  of 
that  we  will  take  care,  for  such  of  ns  as  are  therein  con- 
cerned will  not  consent  (as  yet)  our  Shares  thereof  to  be 
sold,  or  set  out  at  two  Pence,  nay  not  at  four  Pence,  one 
Acre  ;  since  we  have  proposed  other  Methods  to  ourselves, 
and  have  a  Prospect  of  turning  it  to  a  better  Account ; 
and  yet  those  may  follow  their  own  Way  out  of  the  other 
Part  allotted  for  them,  Avho  think  it  their  Advantage  to 
set  out  Land  at  two  F^ence  per  Acre,  or  sell  it  off  to  such 
as  are  coming  there  and  offer  to  plant :  Neither  do  such 
of  us  as  are  otherwise  minded,  intend  to  set  our  Land  to 
lye  unimprov'd,  but  hope  to  have  it  speedily  planted,  as 
by  a  Cargo  nine  Hundred  and  Fifty  Acres  sent  lately 
from  Scotland  may  appear.^  And  to  the  End  there  may 
be  no  Jealousy  of  design  or  unequal  dealing,  we  give 
this  positive  order,  that  no  Tract  of  Land  above  Forty- 
eight  Thousand  Acres  be  set  out  in  two  Lotts,  viz.  Twenty 
four  Thousand  Acres  each,  which  will  make  tM'o  Thou- 
sand Acres  for  a  Propriety,  and  that  the  next  Tract  or 
neighbouring  Land  on  the  English  Side,  be  appointed  for 
the  Scots  Lot ;  and  the  next  Tract  or  neighbouring  Land 
to  the  Scots  Side,  be  appointed  for  the  English  Lot,  and 
so  toties  qtiotis,  as  Land  is  set  out  for  the  Proprietors :  We 
propose  the  same  Methods  of  casting  in  two,  as  to  the 
Lots  of  Aniboy  (now  Peiih)  Town,  cast  by  Sdiuvel  Grooine^ 
nor  see  we  any  ditticulty  in  getting  it  quickly  to  advance, 
after  this  manner,  as  Thomus  Rudyard,  seems  to  judge 
in  his  Letter,  for  there  is  herewith,  Orders  sent,  and  a 
Fund  ])roposed  for  the  building  Twent}'^  four  Houses, 
which  is  a  good  beginning,  and  some  other  Persons  who 
have  Lots,  from  tlie  Scots  Proprietors,  intend  to  build 
some  Houses  also  ;  wliich  will  accommodate  such  as  incline 
to  come  for  a  begining.  And  if  by  that  Scheme,  which 
is  come  over,  the  Lotts  can  be  distinguish'd  and  the  one 
Half,  viz.  every  other  Lot,  1,  3,  5,  7.         2,  4,  6.  8,  and  so 

J    So  ia  tlie  teford, 


450  NKW    .IKKtiKV    COF.ONfAr,    1 )( KIMENTS.  [1684- 

OIK'  1»C'  iillotred  tlic  Sc'i)t>  ill  iiiaimor  as  aliove.  it  iiiav  be 
easy  l)v  an  Alplialti-t  or  Hiijiin-.  presently  tu  (listiutjjiiisli 
the  six  I^utts  l»el(tiii;iiiii'  to  each  Proprietor,  which  we 
denire  may  be  done  and  sent  over  with  all  expedition,  for 
that  would  ii'i\e  ii;reat  Satisfaction  liere.  And  such  as 
liave  Suhdivisimis  under  ]tarticuhar  Pntprietors,  woidd  sec 
wliere  their  Sliare  lies,  and  then  ii'ive  Orders  to  Ihiild 
npoji  them,  and  dthers  would  purchase  Shai'es.  so  that  we 
douht  not  (^this  metliod  l)eini>;  followed)  but  it  would  (piick- 
ly  go  forward,  so  tliat  we  see  no  necessity,  neither  are  we 
\\dllin<;  to  give  Letts  away,  or  at  an  under  Kate,  to  the 
spoiling  of  that  Reputation  Mhich  wc  have  been  Instru- 
mental to  get  in  Peoples  minds,  to  the  Advantage  of  tlie 
Colony  in  genci'al  and  that  s])ott  in  particular,  u])()n  the 
Informations  formerly  received. 

If  so  be  also,  there  could  be  an  exact  Map  of  the  Conn- 
try  sent  over,  wlu-rein  these  particular  Tracts  set  out  or  to 
he  set  out,  to  the  Pro})rietors,  may  be  marked  with  the 
number  of  Acres  they  consist  of,  and  the  Division  in  two 
halves,  (above  desired)  distinguished,  it  would  greatly  con- 
tribute to  satisfy  many,  who  are  desirous  to  ])urcliase  ; 
and  tho'  this  did  jirolong  the  Time  of  planting  at  ])resent, 
yet  it  would  afterwards  more  speedily  and  advantageously 
advaiH.-e  it  ;  and  since  those  presently  inclined  to  IMaiit, 
may  by  Grants  out  of  the  ]n»rticular  Shares,  (or  others 
who  arc  tliere)  be  accommodated,  we  see  not  how  we 
injure  them  by  it,  and  we  hope  they  will  be  more  weary 
than  to  dispose  of  our  Interest  against  our  AVills. 

For  the  Indian  |)urchase,  we  shall  wish  it  may  go  on. 
and  tho'  Thoiii(ii<  Itinh/drd,  says  the  Proceeding  therein 
will  exceed  our  Cargo  which  is  there,  yet  we  are  st>  desir- 
mis  of  it  that  wc  are  willing  (so  far  as  comes  to  our  Share) 
that  (iiiirn  Linrrii  |)urcliase  it  with  the  consent  of  the 
Major  Part  (»f  the  Proi)rictors  on  the  Place,  and  draw 
upon  us  for  it,  and  we  shall  answer  it,  ch.  that  it  be  not 
|)urchased  for  any  particular  account,  but  on  the  joint 
account  of  all  the   I'roprietors  and   nor   otlier\vise.      It  is  to 


1681]  PROPKIETOKS    TO    LAWRIE    AND    COUNCIL.  451 

be  minded  that  in  our  Iiistrnctions  sent  with  G.  Lavyrie^ 
we  signified  our  unwillingness  to  eontirni  fully  the  Acts 
lately  passed  and  sent  over  to  us,  but  this  must  not  be 
understood  of  them  all,  especially  that  whereby  the  late 
illegal  Grants,  voided  by  the  Assembly,  and  passed  by 
Vicears  [  Viccars]. 

As  to  the  Tenth  Article  of  our  Instructions  given  to 
G.  Lavnne,  we  appoint  that  the  joint  assistance,  and  con- 
sent of  the  Major  Part  of  the  Proprietors  on  the  Place  be 
added  to  him,  to  act  in  the  Business  of  that  Article. 

It  is  not  to  be  forgotton,  that  as  soon  as  can  be  Weekly 
Markets  and  Fairs,  at  lit  Seasons  be  appointed  at  Perth 
Town,  and  that  care  be  taken  that  Goods  be  not  exported 
to  JSfevj-Yorh,  or  other  Places,  but  all  be  brought  to  Perth, 
as  the  chief  Staple,  and  that  a  Charter,  with  all  necessary 
Priviledges  and  Jurisdictions,  be  forthwith  granted  to  tliat 
Corporation,  to  encourage  People  to  settle  there. 

Barclay  for  himself,  and  Itohert  Gordon.  Pobert  Bur- 
vet.  Bartholomew  Glhson.  Perth.  Clement  Phimstead, 
per  Bohert  Turner.  J.  Druinmond.  Thomas  Cox.  Wil- 
liam Glhson.  Thomas  Hart.  Thomas  Cooper.  Thomas 
Barler.  Blehard  Jlevj.  Ambrose  Rigg.  William  Dock- 
\i:ra.     London^  Second  of  Janitary  1683.* 

Deputy  Governor  Lawrie,  our  Governor  Barclay,  de- 
sires thou  mayest  know,  that  this  last  Month  of  Decemher 
1683,  Sir  John  Gordon,  of  Edinhirgh,  hath  purchased 
half  a  Propriety  of  Thomas  Cooper ;  and  Robert  Burnett, 
of  Edinhurgh,  hath  purchased  half  a  Propriety  of  Clement 
Plumstead,  both  which  they  have  conveyed,  and  the  Deeds 
Sealed  accordingly,  which  does  make  the  better  half  now, 
and  to  explain  the  figures  within,  in  Words  at  length,  they 
are  Forty  eight  Thousand,  Twenty  Four  Thousand,  Two 

Thousand  for  one  Propriety. 

W.  O.  [W.  D.  ?] 

1     ltiK!-4. 


452  NEW    JKRSEr    CUL(»MAf.    DOCUMENTS.  [1684: 


A'Ji'ti  iiK  lit    Iki  xpicii  ml   till     J  (i],ni<j    f  2>   i;f    IaI.ikI    lit    J'M-st 

J(  rs,  ij. 

I  Kroiii  ••  Gniuts  iuiil  ConcessiouH,"  p.  1**.| 

ALTiccinciit  of  tlic  Pi'0]>riet()i-s  about  takiiiLT  n]>  Land. 

We  tlic  Governor  and  Proprietors  of  tlie  Province  of 
East  Neu'-JerHt'ij^  beinjj^  desirous  to  give  all  due  encourage- 
ment to  every  one  that  purchases  from  ns  of  that  Colony, 
and  do  desire  to  settle  there  and  improve  their  Landt«. 
having  formerly  resolved  and  given  Orders,  that  Ten 
Thousand  Acres  in  the  l)est  and  most  convenient  Places 
of  the  said  I^rovince,  l)e  with  all  convenient  speed  set  out 
for  each  i'ropriety,  do  hereby  further  declare  and  agree, 
that  whoever  has  purchased  any  Share  or  Part  of  a  Pro- 
priety, and  goes  over,  or  sends  Servants  to  settle  n})on  it. 
shall  have  a  competent  ^"nmbei"  of  Acres  set  out  to  him 
or  thetn,  lying  together  in  the  iirst  Tracts  of  Land,  sur- 
veyed or  to  be  surveyed  for  the  use  of  that  Pro})rietor, 
of  whom  he  ])urchases.  Pdovided  such  ((uantity  of  Acres, 
do  not  exceed  the  number  hereaftei'  specified,  and  that 
they  be  granted  by  Warrants,  limitted  and  expressed  in 
the  manner  following,  that  is  to  say,  all  who  has  pur- 
chased one  Twentieth  i*art,  may  have  Five  ILuuh-ed 
Acres  in  one  Tract  lying  together,  and  the  Warrant  shall 
bear  this  ex])ress  (Mause,  that  it  is  in  full  of  his  Propoi'tioii 
of  the  tii'st  'i'en  Thousand  Acivs,  to  be  set  out  to  each 
Proprietic.  and  he  who  has  a  Tenth,  may  take  np  also 
Five  Hundred  Acres,  but  no  more  at  first,  and  his  War- 
rant shall  ex})ress  it  in  full,  of  half  of  his  Proi)ortion  of 
the  first  Ten  Tliousantl  Acrt's  aforesaid;  and  if  an}'  have 
less  than  one  Twentieth,  he  shall  ha\"e  as  much  together 
as  his  Shai'e  of  the  first  Ten  Tliousand  Acres  amount  to, 
but  no  nuire,  and  it  shall  be  expressed  also  in  full  of  his 
Proj)ortion  of  the  said  first  Ten  Thousand  Acres;  and 
where  any  such  small  jnii-chasers  (Agoing  or  sending  o\cr 
to  settle  a    I'amilyi  has  his  full    Proj)ortion.  he  shall   have 


1684]  RKnULATIONii    FOU    TAKINO    Ul'    LAND.  453 

no  further  Lands,  nntil  tlie  i*roi)rietor  of  wliom  lie  l)onii;lit, 
have  tlie  full  remainder  of  his  Ten  Thousand  Acres  set  out 
to  him;  and  that  there  be  ;i  new  Division,  unless  in  such 
case  wherein  anv  Pro]>riet(>r  who  shall  have  sold  one  or 
more  small  Parts  of  his  i^roj^ricty,  shall  neglect  to  settle 
Families  and  Servants  on  the  rest  of  his  Lands  unsold,  so 
long  as  until  the  small  ])urchasers  under  him,  have  well 
])lanted  and  improved  theii-  Land  set  out  to  them,  at  their 
first  settling,  as  their  Part  of  the  tirst  Ten  Thousand  Acres, 
and  that  they  desire  more  Land  to  settle,  cultivate  and 
improve  ;  in  such  case,  such  small  purchasers,  shall  have 
the  like  quantity  of  Land  as  at  tirst  set  out  together  in  one 
Tract,  out  of  the  remainder  of  the  first  Ten  Thousand 
Acres  surveyed,  or  Part  of  those  Lands  belonging  to  that 
Proprietor  of  whom  he  purchased,  and  so  to  a  third  and 
fourth  Division,  in  favour,  and  for  accommodation,  to 
every  such  small  purchaser,  as  shall  from  Time  to  Time, 
liave  well  planted  and  improved  the  Lands  they  settled 
on,  when  the  J^roprietor  who  sells  to  him  shall  let  his 
Land  Ive  unsettled  and  unimproved,  it  being  most  reasona- 
ble that  those  who  do  let  their  Lands  lye  neglected,  and 
make  no  Improvement,  should  have  their  Shares  left  to 
be  made  up  in  after  Divisions,  nevertheless  it  is  to  be 
understood  that  what  Lands  shall  from  Time  to  Time,  be 
so  let  out  to  such  small  purchasers  that  settle  and  improve, 
shall  be  account  as  Part  of  their  dividend,  of  their  Pro- 
portional Share  of  the  Province. 

And  it  is  also  hereby  declared  and  agreed,  that  this 
Listrument,  with  the  concurrence  of  the  Governor,  shall 
be  of  good  Authority  to  the  Deputy  Governor  and  Coun- 
cil, who  is  allow'd  to  give  Warrants  according  to  the  lleso- 
lution,  for  the  Encouragement  of  all  purchasers  who  shall 
trans]H)rt  their  Families  or  Servants  to  settle  in  the  said 
Province,  which  will  ])romote  the  General  Advantage 
thereof,  and  for  the  better  Publication  and  fuller  confirma- 
tion of  this  Listrument,  the  Governor  and  Proprietors 
have  hereunto  set  their  Hands,  and  have  Ordered  the  same 


4o4  NKW    JEKSKV    COJ.ONIAI.    DucLMKNTS.  [1084 

to  be  llt'ijistered  in  London^  as  also  in  Scotland,  and  J'Mst 
Jersey,  and  to  have  tlie  Seal  of  the  Province  fixed  thereto, 
for  its  further  Sanction.  Subscribed  in  London,  the  Tn-fn- 
tieth  Day  of  Fehrudry,  in  Scotland,  the  Ta>ntij  Sinth 
Day  of  tiie  same  Month,  and  in  Kast  JerHCu  the  Fourth 
Day  of  October,  in  the  Sir  aiid  TJi'ni'ieth  Year  of  King 
Charles  the  Second,  Anno  Domniini,  1683-4. 

Barclay.  Robert  Burnett.  Gaiven  Laicro'.  Perth. 
Barclay,  for  liohcrt  (rordon.  Thomas  Cktoper.  Iiichard 
Mew.  Thomas  Barker.  Walter  Benthall.  J.  Drurn- 
niond.  Wdliarn  Gibson.  Clement  Plumstead.  W'dllant 
Dockicra,  and  Pi'oxie  for  Thomas  Hart. 


From  the  Proprietors  of  East  Jersey  to  th>  Planti  r.^. 

[From  "  Grants  :iud  Coiici'.ssii)n!',''  p.  !;<•'.  1 

Robert  Barclay,  (Toveriior  .-iiid  one  of  the  Pi-o- 
prietors  of  the  Province  of  East  New-Jersey, 
and  the  otlier  Proprietors  tliereof,  unto  tlie 
Planters  and  Inliabitants  of  the  said  Province, 
sendeth  Greeting. 

Soon  after  it  pleased  the  Almighty  (iod,  by  his  Provi- 
dence, to  nudce  it  our  Lot,  to  iuive  the  Interest  of  that 
Province,  we  esteemed  it  our  Duty  to  be  much  concerned 
in  taking  due  Care  of  tlie  Affairs  thereof,  and  accordingl}' 
we  sent  over  two  of  our  Number  in  October  1082,  with 
Instructions  and  a  Declaration  to  you  of  our  just  and 
honest  Intentions. 

Since  that  time  havin.u:  received  I)oth  full  Information 
from  theui,  and  divers  ways  coming  to  understand  more 
fully  the  State  and  Condition  of  things  there.  We  are 
capable  to  make  a  more  perfect  .ludgment  of  our  Interest 
and  of  your  Circumstances  in  Kelation  to  us,  and  have 
therefore  for   the    better  settlinir  both    the   one   and  the 


1(»S4]  LETTER  TO  THE  I'LANTKRS  IX  EAST  JERSEY.  455 

otlier,  sent  over  Gaum  Lmrrlc,^  (one  of  our  fellow  Proprie- 
toi's)  who  we  hope  is  l)efore  tliis  Time  with  you,  under  tJie 
Cliaractei-  of  our  Deputy  (Tovernor,  in  whose  understand- 
ing and  honesty  we  re])ose  full  confidence,  and  with  whom, 
as  we  have  sent  full  Instructions  and  Memorials  towards 
the  putting  all  Things  in  good  Order,  so  we  expect  a 
suitable  complyance,  on  your  Parts,  to  our  Proposals  made, 
or  to  be  made,  by  him,  to  whom  we  have  given  Credentials 
for  that  end,  in  the  most  ample  manner. 

But  we  must  be  plain  to  accjuaint  you,  that  we  were 
not  a  little  ti-oubled,  to  find  that  there  are  too  many  dis- 
satisfied and  self-ended  Persons,  among  you  whose  indirect 
designs  did  quickly  appear  in  seeking  to  subvert  our  just 
Interest,  that  they  might  advance  their  own  unwarrantable 
Pretences,  who  we  hope  are  in  some  Measure  rebuked  by 
the  disappointment  of  their  vain  Expectations  of  the  in- 
validity of  our  Right  and  Title  to  the  Government.  The 
clear  Demonstration  of  the  contrary,  as  it  will  encourage 
the  more  honest  and  sincere,  so  it  \\\\\  teach  others  to 
mind  their  duty  better  for  Time  to  come,  and  bring  them 
to  be  better  acquainted  with  us  than  some  of  them  seem'd 
to  be,  when  they  considered  us  as  Strangers  and  Persons 
unknown  to  them  ;  but  however,  they  may  esteem  us  as 
such,  we  resolve  not  to  be  so  foreign  to  our  Interest  there, 
but  that  we  shall  make  it  manifest,  that  Distance  of  Place 

1  The  name  of  Gawex  Lawisie  is  first  met  witli,  in  the  history  of  Kew  Jersey,  in 
connection  with  those  of  William  Penii  and  Xicholas  Lucas,  as  one  of  the  assignees  of 
Kdwartl  Bvllynge.  Lawrie  was  one  of  his  creditors,  and  the  management  of  his  affairs 
probably  led  him  to  embark,  with  I'enn  and  others,  in  the  East  .Jersey  enterprise.  As 
will  he  seen  on  page  Ho,  his  commission  as  Deputy  Governor  of  East  Jersey  was 
issued  in  July,  1683  :  and  shortly  afterward  he  sailed  for  the  Province,  and  took  up  his 
residence  at  Elizabethtown.  The  first  business  reijuiring  his  attention  was  the  estab- 
lishment of  the  seat  of  Government,  in  conformity  with  the  view.s  of  the  Proprietors, 
at  Amboy  Point,  Avhich,'  in  a  publication  the  preceding  year,  they  had  introduced  to 
the  world  as  "a  sweet,  whole.some  and  delightful  place,"  and  early  in  1684  he  had  it 
laid  out  into  lots,  conferred  upon  it  the  name  of  I'Kurn,  and  established  a  ferry-boat 
between  it  and  If ew  York.  Although  he  appears  to  have  manifested  gi-eat  interest  iu 
the  Government  of  the  Province,  he  failed  to  secure  the  favor  of  the  Proprietors,  and 
was  superseded  in  1686.  He  brought  with  him  to  Ea.st  Jersey  his  wife  (Mary)  and 
lumily  ;  one  son — ./aiittii,  whose  daughter,  Isabella,  married  AVilliam  Davis,  of  New 
Vork — and  two  daughters  ;  Mar;/  became  the  wife  of  William  Haige,  and  Rebecca  mar- 
ried Miles  Forster.  Lawrie  died  at  Elizabethtown  in  the  Autumn  of  1687.  See  "  East 
Jersey  Under  the  Proprietary  Governments,"  pp.  lUd,  fl",  Hi.    Eu. 


450  NEW    JKKSKV    COLONIAL    DOCLMENTS.  [1684 

shall  not  hinder  us  from  such  a  narrow  search  and  inspec- 
tion into  our  coTicerns,  that  those  who  think  eitlier  to  pos- 
sess our  Lands  hy  unreasonable  claims,  or  any  ways  to 
conceal  them  from  us,  will  tind  themselves  much  mistaken. 

And  it  cannot  but  manifestly  appear,  to  all  such  that 
love  the  Interest  of  that  Colony,  that  those  that  went  abont 
to  ])ro])agate  any  Pretence,  to  oppose  or  weaken  our  Right 
and  Title,  could  not  be  esteemed  Friends,  either  to  the 
Proprietors,  or  to  the  true  Interest  of  their  honest  and 
well  meaning  Neighbours  in  our  Country,  since  that  was 
the  way  to  expose  the  whole  to  be  a  prey  to  others  as 
formerly  it  has  been,  but  we  hope  by  the  Assistance  of 
God,  and  the  King's  Justice  and  Favour  towards  us,  so  to 
prevent  such  J*ractices  for  the  future,  that  all  People 
residing  in  the  said  Province,  (or  any  way  concerned  there- 
in) may  rest  in  full  Assurance  of  being  protected  in  all 
their  just  Rights  and  Priviledges,  and  to  receive  all  due 
Encouragement  from  the  Proprietors. 

And  as  we  have  taken  all  just  Care  in  those  Matters, 
that  yon  may  reap  much  benefit  thereby,  so  we  do  rea- 
sonably expect  a  due  Sulmiission  on  your  Farts,  to  our 
just  Rights,  and  to  the  Kings  Letter  consequential  there- 
unto, which  before  this  Time  will  be  with  you. 

We  have  seen  and  considered  your  Addresses  made  to 
some  of  our  Number  uj)on  their  Arrival,  and  hope  that  in 
a  great  Measure  your  desires  therein  are  answered,  as  to 
what  relates  to  the  former  Oppression  you  have  been 
under,  either  from  your  Neighbours,  or  those  who  have 
heretofore  goverrfd  you.  But  we  tind  you  lay  that  Stress 
upon  your  purchase  from  the  Jndians  which  it  will  never 
bear,  for  we  would  have  you  informed,  that  thereby  3'ou 
have  acquired  no  Right  but  what  is  duly  confirmed  by 
us,  or  our  legal  Predecessors,  unless  you  would  renounce 
all  Interest  and  Protection  from  the  King  of  England^ 
and  so  Subject  your  all  to  a  just  forfeiture,  but  w^e  will 
not  now  descend  into  particulars,  having  given  our  Deputy 
full  Instructions  in  all  these  Things,  only  we  would  have 


1684J  SIR  JOHN  WEHDEN  TO  OOVKRNOll  t)0^rGAN.  4:57 

you  know  that  we  have  sent  over  bv  him,  such  a  Scheme 
of  Government,  of  whieli  we  may  say  without  vanity,  it 
is  both  just  and  kind  to  every  Inhabitant  in  the  Province, 
the  Benefits  wliereof  you  may  partake  off,  provided  (as  it 
is  our  desire)  you  may  deserve  it  by  being  no  less  just  to 
us  than  we  are  ready  to  be  kind  to  you,  so  Wishing  you 
and  your  concerns  all  gc^od  Success,  we  commit  you  to  the 
Protection  of  the  Almighty  and  are  your  real  Friends. 

Barclay.  Perth.  Drummond.  Geo.  MeKinzle.  Peter 
Sonmans.  Po.  Burnett.  Wm.  Gihsmi.  Barclay^  for 
Po.  Gordon.  Wm.  Dockiora^  and  Proxy  for  Thomas 
Hart.  Walter  Benthall.  Thomafi  Coojper.  Thoman  Bar- 
her.     Clement  Phimi^tead. 

Given  under  onr  Seal  of  our  Province  in  London,  Feh- 
ruary  Twenty  nine,  1683-4. 


Letter  from.  Sir  John  Werden  to  Governor  Dongan. 

[From  "New  York  Colonial  Documents,  "  Vol.  III.,  p.  341.] 

Sir  \^E.ctraet:\  S*  James's  10"'  March  (8^) 

The  Comm'**  are  unanimous  in  it,  that  no 

land  beyond  the  bounds  of  E  and  West  Jersey  (betwixt 
the  Rivers)  ought  to  be  separated  from  yo""  governem'^  upon 
any  termes,  and  y*  you  should  use  great  care  to  hinder 
M''  Pen  and  the  inhabit^"  of  both  Jerseys  from  obstructing 
y*"  Peltry  trade  of  Kew  York,  and  y*^  in  ord""  to  y^  you 
should  prevent  all  you  can  the  uniteing  of  any  part  of 
either  Jersey  with  Mr  Pen  (who  as  you  observe)  is  very 

intent  on  his  owne  interest  in  those  parts 

Yours,  &c 


For  the  HoN«^  Co^^  Dongan  His  E"  H^  Lieu'  and  Gov--  of 
]Sew  Yorke  &  its  Dependancyes. 


458  Ni:W    .IKIISKV    ("oI.nXIAI.    In  XlMKNTS.  [lOS-A 


Fmlli     KlIKJ     Cjiilrh-^     II.     In      l\llir,li(l      Jil/lh/IHIi. 

I  Kroiii    l.oiKliui    riilili<-    liiMMJid   oilicc.    '■  America  and    West    Iiiilics,"    I'laiit.   (Jen., 
Cdloiiiiil    Kiit:y  Book    No.  iKt.j 

'\\)  (  )iii'  iVc.  Kdw.mm)  JJii.Lixu  (u'lit'  ( ioxcriioiir  of  oui- 
l'i()\iiice  (tf  West  New  Jersey,  iiiii.l  to  the  (ioveniour 
thereof  for  tlie  time  being 
Trusty  I'cc  Whekkas  We  are  informed  of  oreat  dis- 
orders and  depredations  daily  committed  to  tlie  prejndiee 
of  Our  Allies  coiitrarv  to  Treatise  between  I's,  and  the 
good  Corres])on(lence  that  ought  to  l)e  maintained  l»etween 
(,'iiristian  Princes  and  States ;  and  We  having  already 
given  strict  Older  in  ( )ni-  Island  of  . Jamaica  against  such 
illegal!  ])roceedings,  by  passing  a  J.aw  for  restraining  and 
punishing  J*rivateers  A:  Pirats;  Our  Will  A:  Pleasure  is, 
that  you  take  cai-e  tliat  such  a  Law  (a  Copy  Avhereof  is 
herewith  sent  you)  be  passed  within  Our  Colony,  whereof 
you  are  Governoui-  which  you  are  to  certify  to  Is  by  the 
first  opportunity.  .Vnd  so  Arc  Given  &c  NeM'markett  the 
IS**"  day  of  March  168^^  in  the  Six  ^-  thirtieth  ycare  of  Our 
Keigne. 

V>\  his  Maj'"'"  coiiiiiiand 

SUNDKRI.AXI) 

}*nK-eedin<jx   of  o    C<iiin<-iL   d    J'ort   Jiitm.\,    on    Ind'nin 

I  From  11  eeitilied  Co|>\  in  tlie  l.ilirary  ol'  the  New  .Jerney  Histoiii-al  Sotiety  :  rapei!* 
of  K.  J.  Paris,  "A,"  p  (il.| 

At   a    ('..r\(  il  ludd  at    Fort   ,I:i;iies   Aj.rill  !>"'  I<i84 

P'smt  the  (Jovcrn-   Cant    A    I'.rockhols    M''  tfr  tHyj)sen 
M.''  Steph:  A'an  (V.rthindt  M'  I.  Santen.— 

I*(»<t  Mt  rliln  III . 

The  Indians  of  Alinisinck  In-iiig  i)rcsi'iit 

tlie  Governor  sayd  that  tliey  liaving  been  always  Freinds 
to  this  Governm^  he  wondred  thev  had  not  been   to   see 


l*)S-l-|  I'kOCKKDINGS    OF    roUNClL.  459 

hiiu  tluit  tlie  Molioacks  &  others  luid  done  it  that  liaviii^ 
sent  for  thein  about  a  little  business  he  would  crive  them 
To  Tokens  and  i^-ave  them  four  Duffle  Coats  ifcc'^  that  the 
Duke  having  given  some  land  to  them  of  East  Jersey  to 
settle  on  and  to  be  purchased  w"'  the  consent  of  the  In- 
dians he  had  sent  for  them  to  go  along  with  some  of  this 
Place  to  run  the  line  where  that  land  is  to  be  divided  and 
that  they  go  up  Straight  to  Delaware  Eiver  that  he  would 
take  no  land  but  what  he  buys  from  the  Indians  and  that 
tliey  of  East  Jersey  are  not  to  buy  any  on  o''  side  of  the 
line  of  Partition. 1 

That  lie  expected  some  from  East  Jersey  and  he  would 
have  them  to  go  Straight  from  Hudsons  River  to  Dela- 
ware liiver  and  that  one  Sachem  of  each  Kation  should 
go  and  G  othei's  that  lie  would  have  them  Stay  untill  they 
of  East  Jersey  come  and  should  have  Provisions  until 
then. 

They  answer  they  would  do  so  but  desired  that  they 
might  go  on  the  other  side  to  Bergen  and  stay  there  until 
thev  were  sent  for. 


Inst/'Kctions  to  Deputy  Governoi'  Lawi'ie  and  Other 
Proprietors. 

[From  "Grants  and  Concessions, "  p.  195. | 

EoBEKT  Bakclay,  Govemor  and  otlier  of  the  Pro- 
prietors of  East  New-Jersey. 

To  (tawj^  Lawrie,  our  Deputy  Governor  of  the 
said  Province,  and  to  the  Persons  hereafter 
named,  and  to  such  other  (qualified  Proprietors 

1  The  Minisink  lands  lay  between  the  river  Delaware  and  the  Blue  Mountains, 
partly  in  Sussex  County,  New  Jersey,  and  partly  in  ITlsterand  Orange  Counties,  New 
York.  They  comprised  much  valuable  territory,  which  was  soon  occupied  by  set- 
tlers. The  title  was  contirmed  by  Queen  Anne  in  1704,  and  the  whole  tract  subse- 
quently divided  by  commissioners  among  the  owners.— John  Clement's  "Notes  and 
Memoranda  Relating  to  the  West  New  Jersey  Society,"  p.  111.    Eu. 


4«)(»  NEW    .IKKSKY    COI.fiNIAl.    IMX'LMKXT."?.  [1084 

and    Proxy's   wlio   slmll    conic   ii])<)ii    flic    Place, 
sciulctli  (Ti-eetini;-. 

AVnKRKAi^  wo  liave  coiisiMei'od  tlie  Xcccssity  in  (trder  to 
a  full  Settlement  and  good  of  oni-  Pi-ovinco,  that  there  he 
fnll  and  anij)le  Power  constituted  in  sduie  Persons  upon 
the  Place,  to  do  all  Things  tliat  may  contribute  to  the 
(rood  and  Advancement  of  the  same,  whereby  the  J'ersons 
so  aeting  may  with  full  confidence  and  assurance  proceed, 
and  others  there  may  with  the  greater  freedom  and  clear- 
ness treat  and  conclude  what  is  and  may  be  necessary  : 
Out  of  the  'J'rust  and  Confidence  we  repose  in  our  Trusty 
and  well  beloved  Friend  Gawn  Lavyr'u\  whom  we  liave 
already  constituted  De])uty  (xovernor  of  our  said  Province, 
do  liereby  give  and  gi-ant  unto  him  onr  full  Power  and 
Authority,  by  and  with  tlie  Consent  and  Advice  of  ThmiKis 
Jiiuhjd/'d,  Secretary  of  our  said  Province  ;  Th^hiax  ^y<u'n>\ 
one  of  onr  Fellow  Pi-opi-ietors,  Darid  TosJiacl.^  of  Moinj- 
weardy  Partner  witli  James  Earl  of  JWt/t,  and  Sir  Geonje 
McK')nz'u\  of  Tdi'lmft.  and  Proxy  for  them,  John  C<imp- 
hdl.  Partner  with  and  Proxy  for  JoJm  Loni  Drunuuo/id^ 
of  Landr'u'^  Jiohni  and  Hi o mas  Fnlhrton,  David  Mudy, 
and  Janirs  Johnson,  who  are  Proxies,  respective  for  Thomas 
Hart,  Thomas  B<(rh'/\  (Irmrnt  J^lumsfead,  and  Thomas 
Cox,  John  Barclay,  and  Pa  rid  BarcJ^iy,  Thomas  Gordon, 
Aurthur  Forhis,  Captain  Pairh-l-  Mayrujer,  all  Sharers  in 
Propriety's  ;  Georye  Wdloirls,  l*roxy  for  llohert  Go/ulon, 
and  SJiarer  of  a  Propriety,  together  with  such  other  of  tlie 
Proprietors  as  may  come  upon  the  Place,  (who  are  Quali- 
fied according  to  the  Constitutions)  and  such  other  Proxy's 
as  we  nuiy  make  hereaftei-.  to  whom  we  (u)mmit  our  full 
Power  to  Act,  and  do  Ini-  us  evi'ji  as  we  ourselves  could 
do  if  present  for  the  good  of  the  Province,  in  the  tilings 
and  with  the  Resei-vations  liereafter  mentioned  ;  agreeing 
nine  of  them  to  be  a  (Quorum,  aiul  tlie  Major  Part  present 
to  have  Power  to  detennine.  and  our  Deputy  Governor  to 
have  two  Votes,  viz. 


1684]         INSTRUCTIONS  TO  DEPUTY  GOVERNOR  LAWRIE.  461 

I. 

To  aprove  and  coiifirni  such  Acts  of  Assembly,  as  from 
Time  to  Time  there  shall  be  found  a  Necessity  to  establish 
before  Coj^ies  cau  be  sent  hither  for  our  Confirmation,  but 
when  i\xe  Fimdmnental  Constitutions  are  passed  in  Assem- 
bly, then  to  proceed  according  to  them. 

U. 

To  end  and  agree  all  Matters  now  in  Debate  betwixt  the 
Proprietors  and  the  former  Planters  of  the  said  Province, 
and  others,  as  to  their  pretences  to  Land,  and  as  to  the 
Arrears  of  Quit-Rents,  as  to  settlement  of  them  for  Time 
to  come,  and  to  grant  them  Patents  accordingly,  but  not 
to  sell  olf  any  of  our  Quit-Rents,  without  onr  particular 
Order  for  that  Pui-pose. 

III. 

To  order,,  settle,  sell,  let,  or  dispose  of  by  Patents,  the 
Lotts  for  building,  and  other  Lands  of  Perth,  so  as  may 
best  conduce  to  the  advance  and  improvement  of  that 
Town,  yet  so  as  they  may  not  reach  the  Share,  in  part  or 
whole,  of  any  Proprietors,  wdio  have  already  given  particu- 
lar Directions  for  the  building  upon  or  settling  of  their 
Lots  for  themselves  or  their  Friends,  or  any  in  their  Name  : 
And  what  shall  be  so  sold,  let  or  disposed  of,  the  produce 
to  be  applied  to  the  respective  Proprietors  whose  Lots 
they  are. 

IV. 

To  ])urchase  and  take  u})  Land  in  the  Proprietors  Names 
(and  no  other)  from  the  Indians  as  they  see  Cause,  or  find 
it  Necessarv. 

V. 

To  set  out  Land  upon  Rent,  to  any  there  who  may  olfer 
to  settle  :  And  tho'  in  this  we  will  not  straiten  or  limit 
them,  yet  we  desire  all  the  forbearance  that  may  be,  until 
we  see  what  further  Prospect  there  may  be  of  sending 
ov^er  People  enough  from  Kik/IhiuI,  Scotland,  and  othei' 
Nations  for  that  end. 


4f)2  NEW    JERSEY    COI.o.MAL    DOCUMENTS.  [1684 

YI. 

To  run  till'  several  JJnes  of  Division,  and  (letennine  tlie 
Limits  and  Bounds  of  the  said  Province,  either  with  those 
oi'  Nev)-  Y<>rl\  or   Wi.^f-Jcrsri/. 

VII. 

To  take  tlie  readiest  way  tliey  can,  either  out  of  tlie  sale 
of  Lands,  or  out  of  Arrears,  or  present  Quit-Rents,  or  any 
other  Effects  beh)nging  to  the  Proprietors  in  tlie  said 
Province,  so  as  may  make  good  to  Thonufs  lixdijard^  Oiu' 
llnndr('«l  and  K'niJiiij  Painids,  wliich  together  M'ith  Ticenti/ 
Pounds  due  from  him  to  the  ])ul)lick  Stock  by  tiiree  rates 
laid  on  each  Propriety,  one  of  Ten  Pounds  and  two  o^  Jive 
Pounds  a  peice,  do  make  up  two  JTund/rd  Pounds  Ster- 
ling, Value  in  En(jlund^  being  allowed  him  for  his  Service 
while  he  was  Governor.  These  being  the  chief  Matters 
we  can  learn  from  our  Intelligence  from  them,  as  neces- 
sary to  be  at  present  taken  care,  ibr  all  other  things  of  less 
Moment  being  sufhciently  expressed  and  fully  pi-oxiiled 
for  in  former  Instructions  and  Warrants,  we  give  them  as 
aforesaid,  our  full  Authority  in  the  premises,  reserving  to 
ourselves  the  Power  of  Kevocation  of  this  Authority  when 
we  shall  see  Cause  ;  in  the  mean  time  until  Revocation, 
whatsoever  is  acted  hereby  to  l)e  in  full  legal  Force  and 
Virtue. 

Given  under  our  Hands  and  Seal  of  oui-  Province  in 
London.  AiKjK.^i,  I*r!n:o^  1(>S4. 

//.  Ihii'cldij.  l^erili.  Prumniond.  P.  Bardaij  for 
lioh.  Bai'mtt.  and  Roh.  (rordon.  Tho.  Cooper.  Tho. 
Cax.  William  Dochwru.  Thonnis  Part.  W<df<r  B( nt- 
li(dl.  TiicJiord  M>ir.  T/i<>//o/.s-  /j(f/-h/\  i'h'inent  Pbuu- 
xtnid. 

To    (idii'n    J.iiii'i-i,^    i)ej)uty   GoveiMioi-.    and    to    all   others 
herein  nuMitioned,  whom  this  nuiy  coiu'crn. 


1684]  PROPRIETORS  OF   K.  .TKFiSEY  TO  GOT  DOXGAN.  463 

Earl  of  Perth   and   ()1ji<  r   Proprhiors  i,f  Kasi  ./ns,  ij   lo 
Governor  Dotit/an . 

[Frorn'Xew  York   Colonial  Ilooimieuts,''  Vol.  III.,  p.  .'MS.] 

Sir 

Wee  did  promise  our  selues  in  you  a  good  and  kind 
neighbour  botli.  Judging  you  would  have  so  inclined  to  a 
Colony  wherein  wee  are  soe  much  concerned.  And  that 
the  regard  you  hane  to  your  Master's  honnor  and  intrest 
would  hane  obliged  you  to  do  it,  cont^idering  wee  are  such 
as  haue  the  happinesse  to  elaime  ane  interest  in  his  fauo'". 
Wee  have  discoursed  with  In's  Commissioners  at  London 
of  these  things  y^  were  by  you  proposed  in  relation  to  tlie 
bringing  our  Colony  under  the  Goverment  of  New  Yorke, 
and  doubt  not  but  we  have  convinced  them  of  the  reason 
which  induce  us  not  to  yeald  to  such  a  proposall,  And  wee 
Doubt  not  both  the  Duke  and  they  are  fully'convinced  of 
our  right  in  everie  Respect ;  Both  of  Gouerment,  Ports, 
and  Harbours,  free  trade  and  Navigation,  and  liauing 
spoke  to  the  Duke  wee  found  liim  verie  just,  and  to  abhorr 
the  thoughts  of  allowing  any  thing  to  be  done  contrary  to 
what  he  hath  past  under  his  hand  and  Scale ;  And  wee 
persuade  ourselues  you  will  lay  aside  all  thoughts  of 
attempting  what  may  reflect  upon  the  Justice  or  honnor 
of  Your  Maester,  or  may  give  us  just  reason  to  complaine. 
Since  there  shall  be  no  thing  wanting  on  our  Part  that 
may  tend  to  ane  adwantadgious  corespondance,  which  as 
wee  expect  from  you  So  shall  be  seriously  recomended  by 
us  to  our  agents  and  alwayes  entertained,  By 
Your  assured  friends  and  Seruants 

Perth. 

Geo.  McKenzie 
Edenbrough  Sy**  August  1()S4  J.  Drummono 

for  CoLLONELL  DoNGAN  Lcuta'nt  to  his   R.  If.  In    New 
Yoark  And  Commander  in  cheitfe  of  all  his  torritorie 
in  America 


464 


NEW    JERSKY    COLONIAL    DOCUMENTS. 


[1684 


Arcoiiitt  of  ShlpnK'nf  to  J^asf  Jcrfny^  m  A>/(/>(fil,  1683, /^y 
Some  of  the  Proprietors. 

[From  a  Copy  among  thr  Manuscripts  of  W,  A.  "Whitehead. 1 

A  Brkiff  A('((»rNT  <>f  the  Disposall  of  the  Joynt 
Stock  sent  upon  the  Ship])  Exchange  James 
Peacock  M'  the  Last  of  August  1683.  By 
David  Barclay  To  East  Jersey,  by  some  of 
the  Proprietors  thei-eof ; 


Viz*    There  waK  Caryed  over  in  goods.   The  Servants,  freight,  a 

tt  some  of  the  oat-uieal  which  was  sould  here  again,  and  -  Xlt45.= 
all  other  charges  Deducted  out  of  the       ...        J  — 


Note,  the  charges  of  furnishing  out  the  two  overseers  and  all\ 

the  servants  cost  above  30()lli  only  a  few  beds  Ac:  in-     'C;544.18 
dnded  which  made  in  all  as  above         .         .  .    ) '■ 


So  that  there  was  in  goods  but        ..... 

In    1684         Memorandum  of  this,     ther  is  in  C'atle   in 
the  overseers  and  servants  custody  Viz' 

John  Ilanton  hath  !t   Cowes 

John  Reid  .  .    S. 

James  Reid  and  Peter  watsou  4 .     1  n  all  'J  1  Cowes  and  1  .">  Calves 


XfiOO.  2.= 


More.  John  Hanton  received  6  oxen 

James  Reid  and  Peter  watson  4 

John  Reid      .         .         .         C.     In  all  Iti  oxen 


A  Bull  in  halve 
tor  acco'  Wil- 
liam Dockwra 


It  Makes  \M. 

This  is  37  head  of  I'atle,  besides 
the  ir>  Calves,  and  a  Bull  bought 
in  partnershipp  with  John  Car- 
ringtou  overseer  to  W"»  Dock- 
wra the  cost  and  Charges  of 
them  all  amounts  to         ,         .     tl.">."i.  1.' 


1684]  SHIPMENTS    TO    EAST   JERSEY.       _  465 

In  horses  and  Mares  as  follows  vizf 

John  Hanton  hath  2  horses  and  1  mare 
John  Reid        ,        2 

1 
James  Reid  and  Peter  Watson  2  mares 


Horses  &  Mares  In  all       7.     cost  £38.  9.2i 

In  Breeding  Sowes,  viz^ 

John  Hanton  receaved   2. 
John  Reid         .         .        4. 

James  Reid  and  partner  2.     In  all  8  cost  .         £8.   4.5^ 
Delivered  in  provisions  vtensills  and  necessarys  to  John  Han- 
ton the  value  of £144.  6.n 

Delivered  to  John  Reid  in  provisions  »t  necessaries         .         .     £147.  2.= 

Delivered  to  James  Reid  and  peter  watson  in  provisions  and) 

.      ,,         ,         .     ^  ^  ,-     £30.  2.   6 

necessaries  the  value  of        ......      ) 

Disburst  for  several  publick  charges  on  the  companys  acco''  ) 

and  for  building  John  Reid  houses  as  p.  account    .  J      "     '     ' 

't^Uct^  Left   in   goods  and  provisions  viz| 

theise   8    Articles  '  com  and  pork  in   the   Cuntry 

^f  the  value  of        ...         .  £81.17.   7 

John   Barcla}  in  Debts  there  the  value  of  £105.=  = 

&  I 

,  In  John  Marsh  hands  for  build-)      -or  in    o 

the  overseers  .      |  ing  John  Hantons  house    ..;    •^^^•^^•"^ 


My  expences  in  the  Country  &  passage  to  London            .  .       .  £48.  4  — 

Brought  over  with  me  having  Deducted  nothing  for  my  owne  \ 

provision   being  20  Months  in  the  companyes  service    •  £''>8.18.   4 

£471''  2^?  10'  starling  is  in  that  Country  money     .         .     )  _ 

1    So  that  the  Stock  in  Cattle  &  y'-'  building  &  all)  ,„  ,  „      .„^ 

,  -^  ^  ■   Totall  £10G6.  1.  7 

charges  in  settling  cost     .....> 

And  tlio  Servants  to  reniaine  for  4  Yeare  from  their 
first  tynie 

This  is  David  Barclays  Abstract  of  things  wlierein  I  am 
concerned  one  hundred  pounds  stock,  a  true  Coppie  of 
what  he  gave  to  nie  Will:  Dookwra 

The  Urge  acco''  of  particulars  are  entred  iu  the  books 


]   Whiit  tollow.s  i.s  in  the  hiiiid  wrifiiip;  oC  W.  Dockwiii.    Eu. 


466         NEW  JERSEY  COLO^'IAL  DOCUMENTS.       [1684 


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1084]  (■AR(;()    OP    SHIP    KXCHANGE.  469 

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470  NKW    JKUSFA'    COLOKlAI^    DOCUMENTS.  [16S4 


Innti'actloiin  liclatuc'j  to  t/ic  Settuuj  Oat  of  Land  in  JEast 

Jersey. 

[From  "  Grauts  and  Concessions,"  p.  190.] 

RoBEirr  Barclay,  Governor  and  one  of  the  Pro- 
prietors of  the  Pi'ovince  of  East  New-Jersey, 
and  other  of  the  Proprietors  thereof. 

To  the  Deputij  Governor  and  the  Proprietors  in  Council 
there,  Greetixg. 
Whkkeas  in  the  Month  of  March  last,  there  was  sent 
by  Thomas  Singleton,  bound  for  East  Jersey,  &c.  An 
Instrument  bearing  Date  the  Twentieth  Day  of  February 
last,  wherein  the  Proprietors  did  among  other  Things,  give 
Order  for  the  setting  out  of  convenient  Tracts  of  Land,  to 
ac'coniniodate  small  Purchasers  at  their  Arrival  in  the  said 
Province  to  settle  upnn,  to  he  appointed  them  out  of  the 
tirst  Parts  and  Dividends  of  the  Ten  Thousand  Acres, 
order  to  be  set  out  for  a  Tioenty  fourth  Part  to  each  Pro- 
prietor, (and  so  pro  Rata)  out  of  such  Lands  belonging  to 
them,  of  whom  tliey  particularly  purchased.  We  having 
since  furthei-  considered  that  suc!i  small  Purchasci's,  who 
are  now  ready  to  transport  themselves,  and  others  who 
may  shortly  after  follow  ihem,  miy  h.ive  occasion  for  more 
Land  to  settle  their  Family's  upon,  than  can  be  had  for 
their  share  ont  of  tlie  first  Dividend  of  the  Ten  Thousand 
Acres  taken  up.  oi'  thie  to  such  particuhir  Prop;iei«'r  or 
Proprietors  of  wliom  they  purchased:  Xow  in  Considera- 
tion of  the  great  lienefit  that  will  accrue  to  the  C"lony  in 
general  by  encreasing  the  Numbers  of  laborious  People,  to 
go  over  with  their  Families  to  plant  ami  improve  the 
Country,  and  being  well  satislied  that  one  way  to  promote 
so  good  a  Work,  is  to  give  good  Encouragement  to  all 
email  purchasers  by  furnishing  them  as  soon  as  they  come 
over,  with  a  sutlicient  Number  of  Acres,  to  nudvC  a  good 
Farm  or  Plantaiiuii  in  one  Place. 


1684J  iNSTRtlCTIONS  FOR  APPORTIONING  LAND.  4^1 

We  the  Governor  and  Proprietors  abovesaid,  have  agreed, 
and  do  hereby  order  you  the  Deputy  Governor  and  Pro- 
j)rietors  that  are  of  tlie  Council,  or  the  Major  Part  of  you, 
first  to  Cause  the  Surveyor,  by  your  Consent  and  Direc- 
tion, to  set  out  to  every  such  small  purchaser  as  shall  come 
ovei',  their  Shares  due  to  them,  out  of  the  Dividends  of 
that  Proprietor  or  Proprietors,  of  whom  they  have  pur- 
chased, proportionable  to  what  they  have  bought,  and  if; 
any  small  Purchasers  Share  out  of  the  Proprietors  Divi^ 
dend,  (of  whom  he  bought)  amount  not  to  five  Hundred 
Acres,  tlien  that  you  make  up  five  Hundred^  (if  the  Purr 
chaser  desire  it)  out  of  the  rest  of  that  Proprietors  Land  of 
whom  he  purchased. 

But  if  any  Pi-ojDrietor  have  sold  to  several  small  Pur- 
chasers, so  that  each  that  come  over,  cannot  have  five 
Hundred  Acres,  out  of  his  Share,  of  the  first  Dividend  of 
Part  of  the  Ten  Thousand  Acres,  then  those  Purchasers 
who  first  came  together,  shall  have  their  proportionable 
Share  (a  peice)  towards  making  up  five  Hundred  Acres,  as 
far  as  such  Proprietors  Dividends  will  amount  unto  of 
whom  they  bought ;  the  true  Intent  and  Meaning  thereof 
being  this.  That  where  any  Proprietor  (who  hath  not  sent 
Stock  and  Servants)  shall  sell  any  Part  of  his  Land  to  one 
or  more  Purchasers,  his  whole  first  Part  or  Dividend  of 
the  Ten  Thoxisand  Acres  shall  be  taken,  (if  need  require) 
to  accommodate  these  small  Purchasers  to  whom  he  sold, 
with  fin}e  Htmdred  Acres  of  Land  a  peice,  (if  they  desire 
so  much)  before  any  others  of  the  Proprietors  Lands  shall 
be  meddled  with  for  that  purpose. 

Be  it  also  further  Agreed,  that  in  Case  there  be  not 
suflicient  Land,  in  any  Propiietors  first  Dividend  of  the 
2'erc  Thousand  Acres,  (who  have  done  nothing  toward^ 
the  improvement  of  his  Part,  by  sending  Stock  and  Ser- 
vants) as  to  make  good  five  Hundred  Acres  to  each  small 
Purchaser  (to  whom  he  has  sold)  when  he  comes  to  settle 
his  Family  in  the  Province,  then  in  such  case  that  the 
Surveyor  (do  by  your  Consent  and  Direction)  first  set  out 


4T'J  .     NKW    .IKKSKV    Ud.oNlAI.    !)(»(  l  MKNTS.  [1684 

to  siicli  8i]iall  riiri'liasiTS,  so  iimcli  as  his  Shaic  coiiu's  to, 
and  wliat  more  fan  be  made  out  of  the  riMuaimlcr  of  tlie 
jirst  Dividend  of  tlie  Ten  llioasand  Acres  belongiiio-  to 
that  Proprietor  of  wlioin  he  purchased  ;  and  what  is  want- 
ing of  ^AW  Jhindred  Acres  to  each  small  jjurchaser,  it  shall 
be  lawful  for  you  the  (xovernor  and  Major  Part  of  the 
Proprietor  of  the  Council,  and  you  are  hereby  ordered  to 
cause  the  Surveyor  (by  your  Consent  and  Direction)  to  set 
out  M'ithout  delay  so  much  Land,  out  of  some  other  of 
those  Proprietors  Shares  or  fiJ-st  Dividend  of  the  Ten  Thoa- 
.s'«n<^  Acres,  as  shall  be  enough  to  make  up  every  small 
Purchaser  full  Jive  Hundred  Acres  (if  he  desires  so  niuchj 
at  his  first  comino-  to  settle  his  Family  in  the  Province, 

And  we  the  said  (Tovei'nor  and  Proprietoi's  desire  that 
yon  the  Deputy  Governor  and  Major  J'art  of  the  Proprie- 
tors, in  the  Council,  ha\e  respect  to  these  pai-ticulars  fol- 
lowing, in  the  Prosecution  and  Managing  (^f  tliis  <  ))-(lei-,  viz. 

1.  That  no  Land  be  set  out  to  these  small  Purchasers 
by  his  or  your  particular  choice,  or  election,  even  from 
the  Share  or  first  Dividend  of  the  Ten  Thousand  Acres 
that  falls  to  that  Proprietor  of  whom  he  or  they  bought, 
but  that  their  Part  thereof,  (whether  more  or  less"!  be 
.divided  by  Lot  to  them. 

IL  That  where  any  small  Purchasers  shall  be  accom- 
modated with  more  Land  ont  of  an}'  other  of  the  Proprie- 
tors first  ])ividend,  of  tht^  Ten  T/iouKdnd  Acres  as  before 
is.  appointed,  it. shall  not  be  taken  out  of  such  Proprietors 
Land  who  has  s<M)t  Stock  and  Servants,  or  made  any  Settle- 
ment on  his  Share  but  out  of  such  Propi'ietors  Shares  who 
have  not  sent  Stock  and  Servants,  and  whose  Lands  lye 
unemployed  and  not  inqirovcd. 

III.  That  the  making  up  of  the  jir,  Ihindixd  Acres 
.to  each  small  Purchaser  (if  he  desire  it)  shall  be  set  ;out  of 
the  Proprietctrs  Dividend  who  has  not  sent  Stock  or  Ser- 
vants, that  lies  contiguous  to  such  small  Purchasers  first 
Part:of  the  five. Hundred  Acres  of  Laud  set  out  or. intended 


i()S-H  INSTHIOTIONS  Fol;   AIM'ukTloXlKO  LAND.  4:7S 

to  be  riet  out  to  liiin  :  And  in  Case  no  sucli  Proprietors 
Land  lye  eontiguons  (or  next  adjoyning)  then  'tis  left  to 
you  the  Deputy  Governor  and  Council,  to  appoint  the 
Surveyor  out  of  which  of  such  Proprietors  Dividend  to 
set  it  out,  but  it  shall  not  be  otlierwise  set  out,  than  by 
casting  an  equal  Lot. 

lY.  That  where  any  Proprietor  having  his  full  I'lcenty 
fourth  or  Forty  eigJit/i  Part,  sends  over  in  his  Name, 
either  Servants  or  Stock,  or  such  that  are  willing  to  farm 
Land  of  him,  so  as  to  become  his  Servant,  shall  have  as 
large  Tracts  of  their  Pi-oportion,  as  may  suit  with  the 
dumber  of  People  thus  sent  oxer  upon  their  Account, 
and  the  conveniency  of  the  Place  and  other  Circumstances, 
to  be  adjudged  by  the  Deput}'  G<jvern<»r  and  concu ranee 
of  the  Major  Part  of  the  Council. 

Y.  Tliat  due  care  be  taken  to  reprize  every  such  Pro- 
prietor as  Parts  from  Land,  to  accommodate  such  small 
Purchasers  out  of  the  next  Dividend  of  the  Ten  Thoumnd 
Acres,  or  as  soon  as  so  much  Land  is  found  to  make  it  up, 
and  that  as  near  as  may  be,  the  like  J.,and  for  Quality  and 
Goodness  and  Situation  be  made  Good,  and  where  that 
cannot  be  had,  that  special  Tiegard  be  had  to  repair  them 
by  Quantity  and  by  such  othei-  consideration,  as  in  the 
ballance  of  Justice  and  Equity,  the  Exchange  may  be  made 
equal. 

VL  That  such  snudl  Purchasers  have  no  more  Land 
than  his  own  Share  comes  to  in  the  second,  third,  fourth 
or  any  further  Dividends  of  Land  than  the  first  ^A'/v^  II nn- 
dred,  Acres,  unless  he  have  first  cultivated  and  improved 
the  said  Jive  Hundred  Acres,  and  wants  and  desires  more, 
and  in  such  Case  the  Deputy  Governor  and  Major  part  of 
the  Council  to  adjudge  thereof,  and  if  they  see  it  just  to 
give  him  more  Land  for  further  Encourgement,  yet  we 
hereby  limit  that  it  shall  not  exceed  Jive  Hundred  Acres 
more.  And  such  small  Purchasers  as  have  bought  under 
a  Tenth  Part,  shall  not  have  more  Land  than  ^'^e  Hundred 
Acres  at  first,  nor  afterwards  more  than  their  Share  of 


474  NE\V   JERSRY    COLONIAL    DOOUMEN'l'S.  [1684 

the  whole  lirst  Ten  TJwusand  Acres  reaches  to,  until 
another  Dividend  beyond  the  Ten  Thousand  Acres  be 
made. 

VII.  You  are  hereby  ordered,  that  strict  Care  be  taken, 
that  no  Part  of  any  Proprietors  Interest  whatsoever  in 
the  other  Moiety  of  that  Tract  of  Land  upon  the  South 
o\'  liariton  Piver,  called  Changarora,  (one  Moiety  whereof 
being  already  allowed  to  be  taken  up  by  the  Scots)  nor  any 
land  at  Amhoy  Point,  nor  within  two  Miles  distant  every 
wa3'  round  the  intended  Bounds  of  the  Lands  belonging 
to  the  intended  Town  or  City  of  Perth,  (as  it  is  demon- 
strated in  the  last  new  Model  drawn  and  sent  you  by 
Thomas  Shigletoii)  be  taken  away  to  be  added  to  any  of 
these  small  Purchasers,  or  any  other  Purchasers,  but  that 
every  ones  Share  and  Interest,  and  Dividend  therein,  be 
reserved  to  himself,  as  well  to  those  Proprietors  who  have 
not  sent  over  Stock  and  Servants,  as  to  those  that  have. 

Nevertheless  it  is  not  to  be  otherwise  undei'stood,  but 
that  every  small  Purchaser  has  a  right  to  his  own  Dividend 
in  the  said  Lands  of  Changorora,  and  his  Share  in  Perth- 
Town.^  and  the  Lands  about  it,  and  you  are  to  appoint  the 
Surveyor  to  set  him  out  his  Dues  accordingly  out  of  the 
Dividend  of  such  Proprietor  of  whom  he  bought,  accord- 
ing to  the  Projiortion  of  tho  said  Purchase,  and  not  other- 
wise. 

Lastly,  AYe  hereby  unanimously  agree  that  this  order  do 
continue  for  the  Term  o^  four  Years  next  following  the 
Date  hereof  and  no  longer. 

Given  under  our  Hands  and  Seal  of  the  Province  in 
London,  May  ihrrd,  Anno  Domini,  1684,  and  in  Scotland, 
May  1084 

Baiclay.  J.  Drummond.  Roh.  Burnett.  Clem.  Plum- 
stead.  Will.  Pochvra,  for  himself,  and  as  Proxy  for  the 
Earl  of  Perth.  Tho.  Mart,  for  himself  and  Walter  Bent- 
hall.  Tho.  Cox.  Tho.  Coojyer.  Rich.  Mew.  Tho.  Bar- 
leer.     James  Brayne.     Tho.  Rolnnson.      Willm.  Gihson. 


I(i84]  EXOtfSlVE   TKADE    OF    HUD30N    KIVER.  -475 


Duke  of  York  to  Governor  Dongan 

[From  "New  York  Colonial  Documents,"  Vol.  HI.,  p.  348.] 

Coll.  Dongan 

Mj  Com'"^  are  makeiiig  w'^  dispatch  they  can  w"'  those 
Bills  that  3^011  have  sent  hither,  and  particularly  w***  y*^  w'^'' 
conteynes  the  Franchises  and  Priviledges  to  y®  Colony  of* 
New  Yorke,  wherein  if  any  alterac'ons  are  made  (either  in 
y^  forme  or  matter  of  it)  tliey  will  be  such  as  shall  be 
equally  or  more  advanta^ious  to  the  people  there,  and 
bett""  adjusted  to  y®  laws  of  England.  In  the  mean  time 
because  of  some  rumours  I  have  mett  w*^  as  if  souic  of 
yo*"  neighbors  und""  colour  of  grants  from  my  selte  or  upon 
some  other  groundless  pretences  endeavour  all  tliey  can  to 
obstruct  y®  trade  of  New  Yorke  and  Albany  ;  I  thinke  it 
fitt  hereby  to  i-econiend  that  to  you  in  an  especeall  manner 
that  you  may  not  suffer  any  innovac'on  wiihin  that  river, 
nor  any  goods  to  passe  np  it  but  wliat  shall  have  paid  the 
dutyes  at  New  Yorke  ;  we  to  p'serve  the  cheife  benefitts 
of  y*  trade  to  tiu;  inhabitants  and  traders  of  Now  Y'orke 
and  Albany  w*^*^  is  agreeable  to  y°  Laws  of  yo^  Colony  and 
the  practice  of  yo""  i)'deces'".^  and  necessary  for  the  collecting 
those  Customes  and  oilier  dutyes  w*^'*  must  helpe  to  sup- 
port yo*"  govei'iiem'^,  And  if  you  lind  that  y°  Inhabitants 
of  East  Jersey  have  any  other  wav  of  tradeing  w'^*  the 
Indians  then  by  the  Kiver  of  N.  Yorke  tliat  yon  will  use 
your  endeavoui's  to  prevent  ir,  and  give  me  advise  thereof 
y^vb.  ^.(^r  Q])ij)ion  w^  is  proper  for  me  to  doe  in  it :  my  desire 
being  to  preserve  the  Indian  Trade  as  entire  as  1  can  for 
the  benefit  of  the  Inhabit^  and  traders  of  New  Yorke  pre- 
ferably to  all  others 

I  am  &c 

Windsor  26*^  Aug^*  (84) 
To  Coll,  Dongan  &c 


47»;  NKW    .IKKSKV    C(»I.(»NIAI,    KoClMKNTS.  [1684 

A//'  ./ii/i/i      II  ,  )'<!<  II   tit   ( lin'i  I'liof    / fniii/ti n  . 
I  Kioiii  "  New    Vi.rk  (;c.l..Mi;il    Do.iiiiiunis,'    Vol.   1 1 1.,  p.  :H!i.l 

Sii;  \Krfnirf.\  S'  .laiiu's's  L>7"'  Auii'^'  ir,S4 

^((11   Miv   (';ii»'   IJillop  will   sell   his   |)lanta- 

(•"oii  on  Stateii  Island,'  and  if  he  doe,  ct'i-tainely  'tis  best 
y'  vnii  cndcavo'  to  procui-c  some  inhabitant  of  New  Yorke 
i-athor  to  buy  it  y"  suffer  any  of  those  of  Xew  Jersey  to 
doe  it ;  but  whosoever  buj's  land  in  y'  island,  it  being 
under  yo'' governni'    ho   must  be   lyaljle  (as  well  as  othersi 

to  the  I^aws  thei-eof. 

Touching  Suscpiehannah  Kiver  oi-  lands  ab'  it  or  trade  in 
it,  \\''^  the  Indians  convey  to  you  or  invite  you  to,  we 
thinke  you  will  doc  well  to  j)reserve  yo''  interest  there  as 
mueh  as  possible  that  soe  n(»thing  more  may  goe  awav  to 
M''  Penn  or  etlier  Xew  Jerseys.  For  it  is  apparent  they 
ai'e  apt  enough  to  stretch  their  j)riviledges  as  well  as  the 
people  of  New  England  have  beene,  who  now  j)robably 
will  be  ?-edneed  to  reason  by  prosecution  of  the  Quo  War- 
ranto w'''  is  brought  ag"'  y'" 

l'\»r  C'oi.i.   DoN(i.\N  «.V:c 


I n.slriicl inns   In    l>i  jinhj    ( ioi'i  rnnf    Ldii'rii ,   UiUiln'r   to  thv 
'li(kinii    I  ji   i)f  l.iiiitl   in    h'list  Jifsii/. 

I  From    •('■laiils  iiiid  ('(uui'ssiKiis,"  p.  lilKj 

l\(»Hi;ur  IVmki.av,  (  ionci'iioi-  and  one  <»f  the  Pro- 
prietors of  the  Pro\  inoe  of  East  .Jersey,  and 
otliei"  of  the  Pi'opi-ietoi's  of  tlie  said    l*l'o\"iiiCe. 

To  our   l)e])iity   (iovenior  (iawn    Lawkik,   and    to 


1  Ou  X\iv  south  end  of  the  island,  opporite  Perth  Aiuboy  :  subsequently  known  aa 
•  Bentlv  Manor.'     iCL. 


1684]  INSTRUCTIONS    AS    TO    TAKING    UP    LAND.  477 

the  Deputy  Governor  for  the  time  being,  and 
all  others  whom  these  Presents  may  concern, 
Greeting. 

We  the  Governor  and  Proprietors  abovesaid,  having  of 
late  received  siindrv  Letters  from  our  said  Deputy  Gover- 
nor, concerning  the  Estate  of  our  affairs  in  the  said  Prov- 
ince, and  having  duly  considered  them,  ha\x  thought  lit 
for  the  better  settlement  of  the  Particulars  hereafter  men- 
tioned, to  give  and  grant  our  full  Power  and  Authority 
unto  our  said  Deput}^  Governor  Lany/c,  and  the  Deputy 
Governor  for  the  Time  being,  joined  with  any  live  or  more 
of  the  Persons  who  are  upon  the  Place,  and  are  ]^amed  i)i 
the  late  Instrument,  Dated  ihejii'st  Day  of  Ain/uxf  last,  or 
the  Major  Part  if  under  five  of  them  u})on  the  IMace. 

I. 

To  end  all  Controversies  and  Differences  with  the  Men 
of  Never sink^^  and  EJlzaheth-Touin^  or  any  other  Planters 
or  Persons  whatsoever,  concerning  any  pretended  Titles, 
or  claim  to  Land  in  the  said  Province  :  And  we  do  hereby 
declare  that  we  will  not  enter  into  any  Treaty  on  this  side, 
with  any  of  those  People  who  claims  by  Colonel  NicholU 
Patent,  nor  with  any  others  that  challenge  Land  by  Patents 
from  the  late  Governor  L  'arterd^  as  being  both  an  Affront 
to  the  Government  there  and  of  evil  consequence  to  make 
Things  to  be  put  off  by  delays,  and  thereby  hinder  the 
settlement  of  our  affairs  in  the  Province. 

And  we  hereby  forbid  the  selling  of  any  of  our  Quit- 
Kents  whatsoever,  only  we  do  allow  the  acceptance  of 
Land  back  again,  or  Composition  for  Arrears,  as  in  a  for- 
mer Instrument  was  appointed. 

IL 

We  give  our  said  Deputy  (lovernor  Jaiwi'u,  or  the 
Deputy  Governor  for  the  Time  being,  in  Conjunction  with 
any  five  of  the  commissionated  Persons  aforesaid,  or  the 
major  Part  of  them  if  undo'  ti\  e  upon  the  Place,  our  t'ull 


478  NEW  ji:rsp:y  coloxial  documents.  [1684 

Power  and  Antliority  to  ratify  all  the  Laws  which  he  hath 
lately  confirmed,  to  continue  for  the  space  of  three  Years, 
to  coininenee  from  the  Day  of  passing  of  the  said  Laws  in 
the  Assembly  of  the  said  Province  ;  excepting  the  Law 
relating  to  the  Militia  as  it  is  already  restricted  by  the 
Deputy  Governor;  and  that  Clause  in  another  Law  dis- 
abling Henrjj  GreenJand  to  boar  OtKce  :  And  as  to  the 
Law  wiiich  relates  to  the  first  Day  of  the  AVeek,  we  recom- 
mend him  and  them  to  a  fni-tlier  Consideration  tliereof, 
least  it  prove  a  burthen  to  some  tender  Consciences  who 
may  find  it  their  Duty  not  only  to  testify  against  the 
Jewish  Snperstiti;)iis,  but  al>o  against  some  others  in  that 
Point.  We  do  ul»o  hereby  impower  him  and  them  to 
ratify  and  confirm  all  snch  Laws  as  shall  hereafter  by  Act 
of  Assembly  be  made,  for  the  like  Term  of  three  Yeai'S 
from  the  Date  they  shall  be  past.  But  we  do  require  this 
one  Thing  concerning  the  Cnurt  of  common  Right,  that  it 
be  always  held  at  our  Town  of  PcrtJi  if  it  be  possilde;  and 
that  all  other  necessary  Couits,  as  also  the  Assend)ly  (whea 
called)  do  sit  thci'e ;  and  particnlarly  the  Deputy  Gover- 
nor, for  the  Time  being,  do  inh.ibit  there,  and  convene  his 
Council  in  the  said  Town  of  Perth. 

IlL 

To  remove  the  Restrictions  in  the  late  Instrument  in 
favour  of  those  Persons  who  have  purchased  Shares,  and 
such  as  have  sent  Stocks,  or  gone  over  to  seitle  in  the  said 
Province.  That  Changoraza,  or  any  other  Place,  be  not 
limitted,  seeing  by  that  Example  we  are  subject  to  wi'ong 
Notions  of  the  Convenience  and  Situation  of  Land,  so  that 
by  making  such  Limitations  we  hazard  the  perplexing  of  a 
rijjlit  JNLinagement  of  those  Thinirs  which  we  would  have 
carried  on  for  the  Accommodation  and  Encourageme^it  of  all 
that  send  Stock  or  go  over  to  settle  in  the  said  Province. 

IV. 

To  set  out  forthwith,  without  delay,  to  all  those  who 
liave  imported   Servants  since   the   last    Grant   from   the 


1684]  INSTRUCTIONS    AS   TO    TAKING   UP    LAND.  470 

Duke,  of  the  Fourteenth  of  March,  One  Thousand  Six 
Hundred  Eighty  and  Two,  their  just  dues  for  each  head 
to  continue  until  the  Twenty  Jlfth  of  March  next  ensuing 
the  Date  hereof,  and  that  such  Servants  as  have  or  sliall 
come  into  the  Province,  witliin  tliat  Limitation,  may  have 
their  Twenty  five  Acres,  set  out  to  them  upon  their  Appli- 
cation, and  be  possessed  thereof  as  soon  as  their  Times  of 
Indentures  be  expired,  provided  tlie  Master  or  Mistress  do 
Certify  to  the  Governor  and  Council  their  fulfilling  the 
Contents  of  their  Indentui-es,  or  Articles  ;  or  in  failure 
thereof,  the  Servants  making  it  appear  to  them  by  suffi- 
cient Testimony  :  And  for  all  such  Lands  relating  to  Ser- 
vants Heads  imported,  We  the  Governor  and  Proprietors 
do  give  our  full  Power  and  Authority  to  our  Deputy 
Governor  for  the  Time  being,  to  grant  Warrants  to  the 
Surveyor  immediately,  to  set  out  such  Lands  to  whom  it 
is  due,  and  to  proceed  therein  according  to  the  form  pre- 
scribed in  the  Concessions,  so  as  a  Deed  or  Patent  may  be 
given  and  signed  by  the  present  Governor  Laiorie,  or  the 
Governor  for  the  Time  being,  and  three  of  his  Council,  or 
by  four  if  more  than  six,  and  Sealed  witli  the  Province 
Seal.  And  for  as  much  as  such  Land  was  intended  to  be 
freely  given  for  encouraging  the  Liaportation  of  Servants 
for  the  good  of  the  Province,  also  by  some  Mistake  in  that 
Matter  is  tvjo  Pence  per  Acre,  appointed  to  he  paid  by  our 
former  Printed  Paper,  we  do  hereby  consent  and  agree, 
that  in  such  Grants  for  Land  relating  to  the  Importation 
of  Servants,  thei'e  be  only  one  Penny  per  Head,  and  no 
more  inserted  to  he  paid  as  an  Annual  Quit-Pent  for  their 
Land,  any  Printed  Book,  Order,  Custom  or  Usage  to  the 
Contrary  thereof  in  any  wise  notwithstanding. 

V. 

For  the  avoiding  all  Exceptions  about  the  due  and  regu- 
lar proceeding  in  setting  out  of  all  other  Lands  in  the 
Province,  we  do  hereby  agree,  that  the  Deputy  Governor 
for  the  Time  being,  shall  Grant  his  Warant  to  tlie  Sur- 


480  NEW    .TERSEV    COLONIAL    DOf  I'MKNTS.  [1^8-4 

veyor  to  set  out  any  Latuls  that  are  to  be  taken  up.  or. 
otlierwise  appropriated  to  sncli  as  liave  Right,  and  the 
Surveyor  to  proceed  according  t<»  the  Concessions;  and 
wlien  tlie  (4rant  is  ready,  tlie  Governor  and  liis  f  ouneil  or 
any  tlire(^  (»f  them,  or  four  if  more  then  six  of  the  Council 
shall  Sign  the  Grant,  as  hath  been  accustomed  by  the 
former  Concessions  of  the  Lord  B^rWi'ij^  and  Sir  George 
('(iiitrrt^  ]u-ovided  nevertheless,  no  su(.'li  AVarrant  be 
granted,  nor  no  (irant  for  the  time  to  come,  shall  be 
legally  in  P^orce  and  H^ffect,  but  what  shall  iirst  be  con- 
sented unto  and  ap])rove(l  by  five  of  those  Persons,  who 
are  Sharers  in  I*ropriety'8  and  Proxies  for  Proprietors,  and 
are  residing  upon  the  Place,  and  who  are  named  and  com- 
missionated  in  the  Instrument  aforementioned.  Dated  the 
first  of  A  iKjiiat  last,  which  was  sent  by  (rioryr  Ki  Ifh,  upon 
the  Blossom,  Richard  Martin  Master,  which  Consent  and 
Approbation  shall  be  understood,  by  first  entering  in  a 
Book  for  that  ]*urpose,  the  Copy  of  such  Warrant  the 
Deputy  Governor  is  about  to  grant,  and  tlieii  rlie  Subscrip- 
tion of  five  at  least  of  the  said  commissioiiated  Persons, 
shall  be  made  in  such  Book,  after  which  the  Deputy  Gov- 
ernor may  give  out  his  Warrant,  and  he  and  the  other 
Officers  j)roceed  with  the  Council  as  formerly  hath  been 
used  according  to  Concessions,  it  not  being  intended  that 
any  but  the  (Tovernor,  and  three  or  more  of  the  Council 
shall  Ix!  obliged  to  sign  the  Grant  or  Patent  as  formerly; 
this  Method  to  continue  about  setting  out  of  Lands,  until 
the  passing  the  Fundamental  Constitutions,  and  no  longer. 

VT. 

AVe  hereby  declare  that  in  Case  there  piove  a  vacancy 
by  Death,  Kemoval  or  any  other  Accidents,  in  the  Offices 
of  Secretary,  chief  Register,  Surveyor  General,  or  Peceiver 
(ienei-al,  or  any  other  such  i'laee,  our  Deputy  Governor 
shall  graiit  his  Commission  to  such  Person  as  he  shall  see 
fittest  to  fill  such  Yacancy,  to  continue  only  for  the  pres- 
»mt  Time,   until   it   be  known   whethei'   the  Go\ernor  and 


1684]  msTEUCTioKS  as  to  taking  up  land.  481 

the  Major  Part  of  the  Proprietors  tlLcre  do  coiifirni  him  or 
have  granted  idready,  but  if  they  not  approve  of  the  said 
Person,  tlien  those  that  our  Deputy  Governor  for  tlie 
Time  being,  have  placed,  are  to  give  way  to  such,  as  at 
any  time  have  had,  or  sliall  receive  our  Commission  for 
any  such  Phice. 

VII. 

That  the  Rate  oi  I^'ive  Pounds  hiid  as  a  Tax  to  Publick 
Stock  upon  each  Propriety,  by  an  Order  of  the  Proprie- 
tors entered  Twenty  ninth  of  Julij  hist,  and  of  Ten 
Poiuids  more,  hiid  on  each  Propriety  by  an  Order  of 
the  Twenty  first  of  Octoher  L^st,  towards  payment  of  Debts, 
and  answering  publick  Incident  Charges,  be  paid  by  every 
Proprietor  or  Sharer  in  a  Propriety  lately  gone  over,  and 
now  residing  in  East-Jersey,  or  the  Neighbourhood  thereof, 
to  our  Deputy  Governor  for  the  time  being,  upon  the 
Demand  of  him  or  his  Order  proportionable  to  their 
respective  Shares  and  Interest  '  in  the  Province,  to  be 
answered  by  all  Persons  in  the  full  Value  of  Money  Ster- 
ling, according  to  what  we  pay  this  side,  and  not  in  the 
Country  Pay,  and  that  Thomas  Rudyard,  and  Thomas 
Wa?'ne,  do  pay  or  give  Satisfaction  to  our  said  Deputy 
Gaivii  Zaiorie,  or  the  Deputy  Governor  for  the  Time 
being,  over  and  above  the  said  two  Rates  before  men- 
tioned, two  former  Rates,  the  one  of  Ten  Pounds  laid  on 
each  Propriety,  by  an  Order  of  the  Twenty  ninth  of  June, 
1683,  and  the  other  of  five  Pounds  by  an  Order  of  the 
Fourteenth  of  December,  1683.  Also  we  do  hereby,  as  far 
as  in  us  lies,  give  our  full  Power  and  Authority  to  our 
Deputy  Governor  for  the  Time  being,  to  recover  and 
receive,  not  only  the  forementioned  Rates,  but  also  all  such 
further  Proportions  of  any  Tax  or  Rate  as  may  be  laid 
here  on  each  Propriety,  according  to  the  respective  Shares 
and  Interest  of  those  residing  in  East  Jersey,  or  the  Neigh- 
bourhood thereof,  and  what  he  shall  so  receive  from  Time 
to  Time,  to  give  Credit  for  the  same  to  the  Publick 
Account  of  the  Proprietors  Stock. 


4S2 


NKW    .IKKSKV    COJ.UNIAL    JJOe  L  MKNT: 


[1684 


(tivkx  luider  our  Ilaiuls  and  Seal  of  tlie  Province,  tliis 
Tliu-ioiith  Day  of  Xoriinhrr,  1684,  and  in  the  Sir  and 
riiiiiiclli  ^  car  of  Imikj  (']i(I  rli  ■<  tlic  Second,  o\er  Kikj- 
JdmL  iV'c. 

WtlUdui  /><>,■],■  in-' I.  U>v  liiiiix'lf.  and  Proxy  for  tlic  Karl 
of  /''/'///.  and  \)\  (  )rdci'  of  /,'t>li<  ,'t  Ilii rrld ij,  lioJi,  li  iionJon. 
Ikohtit  Jjiir/irtf,  llid.  ('ii.r.  ./(Inns  11  raun\  T/lOIIKls  I'xli- 
ltl\     Thoiilds     (  'iiojirr.    <  1,  iin  111     I  'I  II  iiisfriul,     I*ic]iar<l    JI'  </"j 

77i(K   Ihnf,    W'nifrr  li,  nlJniU. 


l/ii  J-()UoirintJ  MrinorKliihuii  i.S  silnl  m  fill  li,ri,,il  fii 
lini'i    hern   I  nihir^'^il  on  iJw  t'nri  ifiH  ii<l   I  list  I'll  nil  n1 . 

Mkmokam)i:.m,  wheivas  tlicrc  is  yet  no  Pi-nvisiun  made 
for  the  Succession  of  a  Deputy  (io\-ei-n(ir  in  I'.asf  J,  I'xt'U 
fMortality  l»ciuu'  tlic  I'orrinii  of  lijin.  as  well  as  any  otlu'r 
Person  in  the  I^i'oviiu-c)  'tis  heivhy  fully  au'reed,  concluded 
and  ordered  l)y  the  Proj)rietors  of  the  said  l*ro\ince.  that 
Rohti'f  lidrrldij,  tlie  pi'csent  GoN-eriior,  may  at  any  Time 
liereafter,  c<»nclnde  of  two  Pej'sons  i-esidini^  in  tlie  Pi'ovince 
aforesaid,  sucIj  as  lio  sliall  thiul<  most  tit  and  (|ualified  for 
tlie  ( Jovi^i'iiment,  l^ro\ided  they  hi'  Shai'ci's  in  I^'oprieties, 
and  Avrite  tlieir  ]Sames  in  two  se\eral  Papers,  iSnnd)ering 
them  (1)  (!i)  and  Sealini;-  them  with  tiie  I'rovince  Seal,  or 
his  own,  or  both.  an<l  transmit  the  said  two  Papers  to  the 
Deputy  (io\ernor  and  Council,  at  Prrfli.  tlieii'  to  safe  and 
ready  lie  in  case  of  the  decease  of  (inirn  l.ii ii'rh\  or  any 
other  Deputy  (iovernor,  whi'i-eupon  the  Council  siiall 
tneet,  and  first  ojien  tlie  Paper  \o.  i  1  i  and  the  i'erson 
whose  Name  is  written  thci'ein  >hall  succi'cd  in  the  (tov- 
ernment,  an<l  immediately  Ikim-  the  full  J*ower  and 
Authority  <■•>{  a  Deputy  ( Joxcnior.  and  the  Papi'i-  Xo.  (2) 
shall  not  be  opened,  but  remain  concealed  in  the  same 
Place  as  formerly,  to  lie  ready  on  any  further  occasion  : 
Put  if  the  I'ersoii  Xo.  (  1  i  he  deceased,  absent  or  nvfuse  to 
accept  of  the  (io\  ernnieiit,  then  the  second  l*a])er  No.  ('2) 
>hall   be  o])ened,  and  the  JV-rson  whose   Name   is  therein 


1684]  INSTKUCTIONS    AS    TO    TAKIKG    LP    LAND.  483 

written,  shall  then  succeed  in  the  Government,  and  he 
shall  imniediatel}^  have  the  full  Power  and  Authority  of  a 
Deputy  Governor  ;  and  whether  one  or  other  Person  hap- 
pens to  succeed  this  Endorsement,  shall  be  as  eli'ectual  in 
every  respect  to  establish  such  Person  in  the  Office  of 
Deputy  Governor,  as  if  it  were  included  in  the  Body  of 
this  Order,  and  he  shall  hereby  to  all  Intents,  Construc- 
tions and  Purposes,  be  vested  with  like  full  Authority, 
Power  and  Right  to  his  Office,  as  if  he  had  received  a 
Commission  from  the  Proprietors  under  their  Hands  and 
Seal  of  the  Province,  in  the  most  ample  form  :  The  said 
Dejuity  Governor  to  continue  in  the  Execution  of  his 
Office,  so  long  as  the  Major  Part  of  the  Proprietoivs  do 
approve  of  him,  (or  do  send  over  their  Commission  to  some 
other  Proprietor  residing  in  the  said  Province,  to  be 
Deputy  Governor)  and  no  longer. 

Given  under  our  Hands  and  the  Seal  of  our  Province, 
on  the  other  side  affixed. 

Barclay,  Jio.  Gonlen,  Bui'ndi,  Perth,  Wm.  Gibson, 
WdUer-  Benthall,  Thomas  Hart,  Thomas  Barker,  James 
Bra  hie,  Thomas  Rohinson,  Wilhn.  Dockwra,  Clement 
Plumstead,  Thomas  Cox,  Rich.  Mew,  Thomas  Goojyer. 


Governor  Dongan  to  the  Earl  of  l\'rt]i. 

[From  "New  York  Colouial  DotuiiR'uts,  "  \'ol.  III.,  p.  353.] 

My  Hono''"  Loki) 

I  had  }-^  Hono""  of  a  letter  from  you  <Si  some  other  Pro- 
prietors of  East  Jersey  *  and  are  mightily  surprised  to  find 
by  y*  letter  y^  I  am  accused  to  act  some  things  to  y'^  Dis- 
advantage of  your  Colony  &  Dishonour  of  my  master, 
Did  I  knoAv  my  accusers  &  y'=  crime  objected  I  could  be 
better  able  to  answ''. 


1     Set!  ait(c  i):ige  4t>3. 


4^4  NEW    .lEKSKV    Cur,nMAL    DUCLMENTS.  [16S5 

My  Lord,  yo^  Lordship  may  bclciv  me  I  have  acted  iiotli- 
iiig  unjustly  to  y*  prejudice  of  your  agents  or  people  ;  It 
is  so  far  from  it,  y'^  when  I  found  them  take  wrong  meas- 
eures  I  advised  them  for  y'^  l)est  as  I  thouglit  both  of  yo"" 
])roprietors  and  people  what  complaints  they  make  of  me 
I  know  iK>t,  but  am  8ure  the  ])L'ople  cry  out  very  much 
against  them. 

AVhat  I  wi'ote  to  his  R''  High''"  and  his  Comissioners,  as 
his  servant,  I  was  certainly  obligded  to,  and  to  give  my 
opinion  what  is  Convenient  for  y°  Litrest  of  this  Province, 
and  J  beleive  had  your  Lordship  bin  in  my  station  you 
would  haue  Rep'sented  y**  great  inconveniencys  of  haueing 
two  distinct  Governments,  uppon  one  River,  yours  haue- 
ing y*^  advantage  of  being  some  Leagues  nearer  y'^sea  than 
wee  are. 

Your  agents  have  dispersed  printed  papers  to  y**  disturb- 
ance of  y*"  inhabitants  of  Staten  Island,  It  hath  been  in  the 
]>()Ssion  of  his  R"  Iligli"^  above  twenty  years  (except  y"^ 
little  time  y'^  Dutch  had  it)  purchased  be  Governour  Love- 
lace from  y*^  Indyans  in  y*^  time  of  S*"  George  Carteret, 
without  any  p'tences  'till  y''  agents  nuide  claime  to  it,  it  is 
peopled  with  above  two  Hundred  flamilyes. 

My  Lord  to  convince  yo''  Lordship  y^  I  have  done  noth- 
ing amiss  in  writing  Jiow  convenient  it  would  be  to  regaine 
East  Jersey  I  doe  assure  you  y'  some  of  the  Proprietors 
themselves  are  of  y*'  same  0})pinion,  and  have  told  me  so  ; 
and  to  show  yo''  Loitlshipp  how  Ifavourably  I  act  I  am 
infoi'ined  y'  in  time  of  other  Govern'"^  ships  that  came  to 
Aniboy  made  entry  at  New  York,  yet  during  my  time 
severall  shipps  have  gone  thither  &  1  have  desired  no  such 
thing,  nor  will  I  untill  I  am  assured  of  his  R"  High^* 
])leasure  about  it.  It  shall  not  be  my  fault  if  there  be 
uot  au  advantageous  Correspondence,  who  will  allways 
endeavour  to  prove  y'  I  am.  My  Lord. 

Yo""  Lordships  most  obedient  humble  Servant 

Tllu:    DoNGAN 

N.  York  Ifebruary  y^  13'"  108^ 


1685]  GOV.  noxGAN  to  sm  joiin  weeden.  485 

My  Lord 

I  had  almost  forgotten  to  tell  yo''  Lordsliipp  y^  to  tiie 
end  a  fair  Correspondence  may  bo  p'serv^ed  between  the 
Governments  in  an  Act  lately  made  by  y^  generall  Assem- 
bly amongst  other  things  almost  eqnall  priviledges  were 
allowed  to  East  Jersey  with  this  Province  &  all  y®  thanks 
I  have  is  to  be  misrep''sented  ^ 

Ree-i  1  Aprill  85 


Goveimor  Dongan  to  IS'ir  John    ]Ve/'den. 

[From  "New  York  Colonial  Documents,'   V^ol.  III.,  p.  SfiG.] 

Honored  Sir         [li'xtraHt^.] 

.  .  .  .  Billops  Plantation  is  opposite  to  Amboy  and, 
if  vessells  bee  permitted  to  come  there,  and  not  enter  at 
New  York,  it  will  bee  impossible  to  hinder  y"  pntting 
goods  ashore  on  Staten  Island.  There  was  a  report  that 
he  intended  to  sell  it  to  one  of  East  Jersey,  I  think  it 
would  doe  well  if  yon  please  to  look  into  the  last  patent 
of  East  Jersey  to  see  whether  shipping  bee  obliged  if  tiiey 
come  in  to  Sandy  Hook  to  make  entry  at  New  York,  tlie 
Quakers  making  continual  pretences  to  Staten  Island  dis- 
turbs the  people,  more  than  200  familyes  are  setled  on  it. 
And  in  case  His  Poyall  Highness  cannot  retreive  East 
Jersey,  it  will  doe  well  to  secure  Hudsons  Piver  and  take 
away  all  claim  to  Staten  Island 

.  .  .  .  There  is  noe  way  to  prevent  [y*"  trade] 
y*^  Indians  had  with  East  Jersey,  but  by  running  the  line 
from  Hudson's  River  to  Delaware  and  then  take  some 
course  with  the  Indians  not  to  ffoe  into  the  bounds  of  East 


1  This  letter  is  printed  in  Chalmers'  "Political  Annals  of  the  United  Colonies,"  as 
well  as  Uieone  that  prompted  it,  (pa^es  C27-8.)  with  tlio  remark  :  "Colonel  Donsaii'a 
spirited  answer  probably  contributed  to  pi-noure  his  recall,  through  the  intlnence  of 
his  opponents  with  James  II."  See  "East  Jersey  Under  the  Proprietary  Goveru- 
ments,"  2d  Edit.,  page  143.    Eu. 


1^'''  \K\V    .IKKSIOV    Citl.iiNlM,    DoClMKN'IS.  [1H85 

.Icr.sey,  the  bounds  being  already  setled  on  Hudson V 
liiver,  they  pretendincj  all  along  to  the  south  sea  as  Conec- 
ticut  did.  If  any  Colony  in  tliese  Parts  will  flourish  this 
\*ill  SIM'  ;  and  I  believe  it  better  to  make  an  end  of  all 
disputes  tlian  to  dehiy  thein  ....  with  an  assur- 
anee  of  my  greatest  respect  for  yon  I  sul)sfriite.  Sir.  Yonv 
atfeotionat  oldigcd  Scrv' 

Tno:  ].)o.\(..vN 

The   Lord    Perth  has  Avrit  me  a  very  angry  letter  :  the 
answer  to  it  1  desire  von  to  send  and  ('(tnvev  to  him. 


From  II  'lU'iiitii  Jjofl'ii't'ii  to  Jhj'i't!/  (rocn'iior  Lairru'  and 
Other  Proprhforx,  Inforrn'nKi  Tin m  tloii  flo  Pvopr'tc- 
lorx  HI  I'jtijhnx/  had  (rraniid  J/lm  ()ni  Tlionsxnd 
Ai'Vi'x  of  Land,  c(v-. 

I  l''i<)iri  Orininiil  aiiiDiit;  IIk'  Mmhiisci  ipis  of  W.  A.  Wliili'lu'iiit.  1 

]>oNi)'*  April!  «;"'  it;s.-)  @^ 
(ieiitlemen 

and 
K«dl(>\\    i^'ojirietoi's  tSzr 

after  my  hearty  Salutations  wishing  yon  good  health 
&  prosperitie,  theise  are  to  a('(|uaint  you  that  the  Proprie- 
tors in  England  vt  Scotland  haveing  considered  <Sz  been 
fulh^  convinced  of  the  care  t^'  jiains  I  have  taken  in  theii- 
Service  for  about  a  twelve  month  ]iast,  (and  findeing  no 
fund  of  (^isli  t(t  present  nu>)  liave  been  pleased  in  lieu  of 
money  togi'atitie  me  with  a  'i'housand  Acres  of  good  land 
such  as  my  ( )verseer  or  Attorne}'  shall  looke  out  &  choose, 
(e.xclusive  of  wast  lands  ».^-  highwayes)  I  have  therefore 
dii'eeted  my  Overseer  (w''  the  advice  of  a  friend  or  two) 
that  he  doe  aceoi-dingly  lo<d<e  out  such  a  (|uantitie  of  land, 


1685]  WAr.  DocKwkA  to  hr.v.  goW  t.awrie.  ■    487 

either  in  one  entire   Tract,  or  in   two   ])laces,  m'"'  luav  lie 
most  convenient  for  me,  not  l)eiiii>'  Surveyed  to  anv  other. 

Wlien  he  has  done  this  he  avIII  apply  himselfe  to  von 
tlie  Conj'issioners  (appointed  for  tlie  affaires  of  land)  by 
liis  petition  on  my  hehalfe,  delivering  yon  the  .... 
Order  (that  aceom})anies  this  letter)  for  yo!'  granting  a 
Warrant  for  such  land,  that  wheii  it  is  Surveyed  a  Patent 
may  he  passed  to  me  for  it.  Gent'.'  1  cannot  donbt  vol' 
Justice  but  will  ho})e  for  the  addittion  of  yol"  favour  espe- 
cially wiien  those  of  yon  to  whom  I  am  a  stranger  shall  he 
rightly  inform'd  of  me,  by  those  anu^ng  yon  who  know  niv 
Fidelitie  &  cost  to  serve  the  Province,  Craveing  leave  to 
say  this  for  my  selfe  that  for  2<)00  Acres  niore  1  would  lu.t 
in  other  matters  spend  tiiat  time  I  have  done  this  la^t 
yeare  for  East-Jersey,  but  'tis  uiy  Inclynation  has  prompted 
me  to  be  so  very  Zealous,  And  hope  by  the  speedy  passing 
yor  warr*  for  such  land  as  my  Overseer  shall  looke  out  tV 
choose  (a  priviledge  w'".''  the  Proprietors  have  most  cheare- 
fully  allowed  me  i*e  w"'out  which  I  could  not  valine  the 
present)  you  will  convince  &  oblige  me  that  you  doe  l)e- 
lieve  my  Service  has  been  acceptable  here  tt  I  shall 
endeavour  to  render  it  acceptable  to  you  there,  if  Pi-ovi- 
dence  permitt  me  (as  I  intend)  to  i'e>^ide  among  you, 

I  sliall  not  say  more  at  p'sent.  but  refen-e  you  to  the 
Order  it  selfe,  not  doubting  yo!"  ready  complyance  thei-e- 
with,  and  in  the  most  advantageous  sence  it  will  l)eare  on 
the  behalfe  of, 

(Tentlemeii, 

Yol'  faithfull  fri(>iul  eV:  Servf 


(^^i^ccnwnx^ 


To  ]VP?  Gawen  Lawkik  Dep^^'  (rovei'iiour  and  'i'o  the  rest 
of  the  Commissioners  l''or  granting  Wai-r'."  to  Sett  out 
Land  Arc:  In  the  J^rovince  of  East-new  Jersev  Tlieise 


48S 


NEW    JERSFA'    COLONIAL    DOCrMENTS. 


[16S5 


Confirmation   of  Fonner    Oirhrs  l;/  thf    Proprteiom  of 
East  Jevf^eij. 

IFinni  llio  Original  in  the  Library  of  the  New  Jersey  IIi^=toncal  Society.] 

I\OT5EKT      BAr.fLAY     T^q'" 

Ooveriior  and  other 
tlie  Pi'oprietors  of  tlie 
I*i(>\  iiice  of  East-Tsew- 
J  ei'sey 

To    all   v'hom    iJilx    Wr/'i/'ng 
(lor-s    or    may    Concerne^ 

GliEETING 

AViiEEEAS  the  right  directing  and  ordering  of  the  affaires 
of  the  said  Province  must  needs  goe  from  lience,  and  does 
ohlidge  the  sending  over  of  severall  Commissions,  Instru- 
ments, Orders,  and  Instructions  to  the  Deputy  Governor 
and  others  Commissionated  vpon  the  place.  And  that  it 
often  falls  out  by  reason  of  the  Proprietors  being  Scatred 
in  severall  places  remote  from  one  another,  and  other 
exegencies  that  no  Considerable  number  of  haiuls  can  be 
gott  to  Subscribe  them  vpon  the  departing  of  shipps  from 
home  and  that  yet  delay  of  such  things  vpon  that  acco- 
might  pi-ove  of  great  (and  almost  in-ei)ai"able). prejudice  to 
the  affaires  of  the  f^rovincc.  Tlie  Pr()])rietors  thei'efore 
doe  hereby  declare  For  the  Just  encoui-agement  of  those 
who  travell  dilligently  for  the  good  of  the  Publicpie,  and 
for  the  fixing  of  due  Authoritie  in  then).  That  all  commis- 
sions Instruments  Orders  and  Instructions  whatsoever,  and 
every  of  them,  that  shall  hereafter  have  the  Scale  of  the 
Province  affixed  thereunto  and  the  Hands  of  five  whole 
Proprietors,  or  as  many  haveing  shares  in  Proprieties  as 
make  vp  y*  valine  whether  Signed  in  England  Scotland  or 
KUe  Where,  shall  be  esteemed  Authentiquc  and  binding 


1685]  CONFIEMATIOlsr    OF    FORMER    ORDERS.  489 

to  all  intents  and  purposes,  Provided  alwayes  the  Gover- 
nor be  one  that  Subscribes  and  the  valhie  of  another  Pro- 
prietie  in  ScotLand.  And  that  William  Dockwra  of  Lon- 
don who  affixes  the  Seale  of  the  Province  (or  who  else 
shall  hereafter  keepe  y*'  said  Seale)  be  another  that  sub- 
scribes. 

And  further  j^  Governor  and  Proprietors  doe  bj  these 
presents  ratifie  and  Confirme  y®  severall  &  respective  Com- 
missions Instruments,  Orders  and  Instructions  which  are 
allreadj^sent  and  are  hereafter  mentioned,  To  be  as  Legally 
binding  and  eflfectuall  according  to  the  purport  and  true 
meaneing  of  each  of  them,  as  if  all  the  Pro2)rietors  hands 
were  subscribed  to  the  same,  except  where  any  Clause  or 
part  of  any  Commission  lustrum^.  Order  or  Instruction 
have  been  countermanded  or  altred  by  any  succeeding 
Commission  Instrument  Order  or  Instruction 

The  Accof  of  such  Commissions  Instruments  Orders  and 
Instructions  followes  Viz? 

A  Commission  to  Pobert  Barclay  Esql"  to  be  Governor 
17°  July  1683. 

A.  [Commission  to  Gawen]  Lawrie  to  be  Dep^  Gov  [crnor 
dated]  27°  July  16  [S3]. 

Letter  or  Instructions  To  Gawen  Lawrie  and  Sam'!  Groomc 
iSze  dat  in  London  [21^'  of]  September  1683 

Instrument  about  the  Planters  and  others  dat  21°  Decem- 
ber 1683. 

A  Letter  of  sundry  Orders  To  Gawen  Lawrie  and  fellow 
Proprietors  dat:  21°  X'"'  1683. 

The  twenty  four  Fundamental  Constitutions,  and  an  In- 
strument concerning  the  power  of  Proxies  dat  5°  8'' 
1683,  And  An  Instrument  conteyning  y*^  Conclusion 
of  the  Additions  and  alterations  of  y®  said  ffunda- 
mental  Constitutions  Perfected  to  y^  4"'  of  IVfarch 
168f,  and  repeated  17°  June  1684. 

An  Instrument  of  sundry  Orders  dat.  2''  January  168f 


490  M;\\     .IKKSKV    Col.itMAI.    DdClMKNTS.  [IHS.") 

An  Iiistniiiieiit  of  Dochii-atioii  to  tlie  Planters  iV:c  dat     . 

lVi'l)i-iiarv  HlSii 
An  (  M-ilcr  aliout  y*^  Settinii-  out  Land  to  small   I'nrdiasers 

y'  come  to  Settle  i^'c  dat  3.  May  ir,S4. 
An  Order  abont  Imildinii-  the  Govei'iiors   House  liefoi-ev'" 

twenty  four  houses  d;it  17"  .June  1<!84. 
An    ( )rder  for   alteration    of   y''  thirteenth    Article   of  the 

Constitntions  dat.  L'2'.'  -Inly  lt;s4. 
An   Order   to  y®  Deputy   Governor  ^V    (ommissionei-s   to 

liave  power  in  Sundry  matters,  dat.  1:  Aui^ust  1(584. 
An  Order  for  alteration  of  y'"  third  Article  o['  the  Consti- 
tutions dat.  p".'"  August  10S4. 
A  Commission   to   (ieoro-e    Keith  for    Surxi-yor    (Tcnerali 

Signed  in  London  S"'  August  1684. 
An   Instrument  to  y*^  Deputy^Governor  cV:   Commissioners 

for    power    to   Conhrme    Lawes,   set   out    Laiuls.   and 

(h»eing  otliei'  matters  dat.  tlie  13"  ^^'ovemher  1*184. 
An  Order  about  Gibbon  and  Jone's  Lotts  dat.  2<)"  March 

1685. 
An  Order  about  a  Tliousand  Acres  Land  to  William  Dock- 

wra  dat.  27"  March  ir.sr.. 

Lastly  the  l^ro[)rietors  doe  liereby  ratitie  and  Coiitirme 
y''  Severall  and  respective  Commissions  Listrum'."  ( )rders 
and  Instructions  heiein  mentioned,  to  be  as  Legall  and 
Autlientick  by  refcri'ing  to  them  l)y  y**  respective  Tytles 
or  Abstracts  above  wi'itten,  as  if  they  were  verbatim 
expressed  in  tlie  body  of  this  Order.  Ln  AYittness  where- 
of tlie  )*roprietors  have  set  their  liands.  ami  AtKxed  the 
SeaU^  of  the  Province  of  K.vs-r  Jkrskv  this  Eh'a\enth  day 
of  May  In  the  first  year  of  King  .lame>  the  Secoiid  over 
Englaml  vVc'  Annoij:    l)om.  l<;,s."i 

Will.:   Do(K\\K.\  Ci.km!  Pi.i  .mstkd  li.  1)AK(  iav 

Tiio:    lioiM.NsoN  Wai.tkk  Bkntuai,!.  Pkimji 

Tiio:   Cooi'KK  .I\Mi>   1>KA^^■  Tiio:   Hart 

Ki.iz.   (iiiiSoN  Mi:i.i(iirr  Tiio:   Cox 

Tnol    PiAKKKU 


16S5J  MAY(>R  OF  NE^\    VOUK  TO  SIR  JOHN  WERDEN.  401 


Tlie.  Maijor  of  Xeir  York  in  Sir  John    Wer/hm. 

[From  Louilon  Public  Record  Office,  "Xew  York,  "  B,  ]).  .")7 :  •' Maryland,"  B,  p.  101.  | 

Lett!'  from  y«  May'"  of  N:  York  to  S'  Jo"  AVerdeii 
HoNo^P  S'.' 

By  the  Direcc'ons  and  Commands  of  onr  Hono''.'*"  Goy- 
erno  we  presume  to  give  3^0"  tlie  trouble  of  tlie  Enclosed 
And  desire  it  may  bj  yo'"  hand  be  j^resented  to  liis  Most 
Sacred  Majesty  Being  onr  humble  and  Submissive  Ad- 
dresse  from  tliis  his  Ma"?*  Citt_y  of  I^ew  yorke  to  Condole 
the  Losse  of  our  late  most  Dread  and  Gratious  Sovereigne 
and  Congratulate  his  Ma".*"*  Peaceable  accession  to  the 
Crowne,  which  wee  heartyly  rejoyce  att,  And  wish  his 
Majestie  A  Long  peaceable  and  prosperous  Reign  over  us. 
Wee  begg  your  Pardon  to  Offer  one  thing  further  and  that 
yo"  will  i^lease  to  make  his  most  Saci'ed  Ma^f  acquainted 
therevrith  That  Since  his  Maf^f  hath  been  pleased  to  Sepe- 
rate  Delaware  and  the  two  Jersyes  from  this  his  Govern- 
ment of  Newyorke  this  Citty  has  Apparently  and  Extreamly 
Suffered  in  the  Diminution  &  Losse  of  its  trade  being 
thereby  Deprived  of  att  Least  one  third  parte  thereof  : 
And  hath  ever  since  mucli  Lessened  &  Decayed  both  in 
number  of  Inhabitants  Rents  and  Buildings  and  his  Ma".*" 
in  his  Revenue  likewise  Suffers  thereby.  And  the  remaine- 
ing  parte  of  this  Province  when  Lesse  able  the  more 
Burthened  which  with  greate  AVillinguesse  and  Submission 
they  beare.  ]^)Ut  Now  hope  that  this  appeareing  to  his 
Ma*A^  He  will  hiid  it  Consistant  with  tiie  Ease  and  Safety 
of  his  Subjects  and  his  Ma"?'*  Interest  and  Service  to 
reunite  those  parts  and  Enlarge  this  Governm'  Eastward. 
And  Confirme  and  Grant  to  this  his  Citty  Such  Previ ledges 


402  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1685 

and  Iin'iinityep  as  may  againo  make  it  tflnnrisli.  and  Eiiorcaso 
]iis  Ma"^''  Revenue.     Wee  Iccmain. 
llono''!'^  S!- 

Your  most  Immblc  Servants 
tlie  Mayor  Aldermen  ife  ])rincipai]  officers  of 
the  Citty  of  New  yorke.  in  wliose  be- 
lialfe  I  subscribe. 

[G.  MiNUiELL'']  Mayor 
Kow  yorke  ^h\y  1?V?'  8'). 

T(.  The  IIuno"."'S'"  Jonx  Weuden  Kn'  Att  Wliitball  P'"sent 

[JuuJoi'.^nJ :]     Received    12'"    July    1G85.      Read    July 
15">  1G85. 


Order  of  Proiirietors  of  Ea^t  Jersey  for  Laying  Out 
Lands,  and  Censuring  Deputy  Governor  Lawrie  and 
Thomas  11  ud yard. 

[From  the  Original  in  the  Library  of  tlio  Now  .Terscy  Ilistorical  Society.) 

The  Govei'Ror  and  Proprietors  of  PJast  Jersey 

to    the   Deputy   Governor   and  Comniis- 

[l.  s,  I         sioners  appointed  or  to  ]je  appointed  for 

the  setting:  out  of  Lands,  and  other  affares 

reLateino'  tlioreto  in  the  said  Province. 
Greethiy 

AViiEREAS  the  Pros])eritie  and  advance  of  the  said  prov- 
ince doth  in  a  £i;reat  measure  depend  vpon  the  Speedy  and 
casey  Plantiiiii:  of  the  same  and  v])on  the  due  and  equall 
Setteinu;  forth  of  l^ands  tliat  both  the  Pi-oprietors  them- 
selves and  those  concerned  vnder  them  may  have  a  ready 
acfesKC  thereto,  and  all  others  disposed  to  Settle  in  the  said 
Pi'ovince,  either  liy  Purchase  of  Lands  oi"  taking-  them  vpp 
vpon  lients  may  be  answered  without  delay  and  all  things 

1  As  piiiilfil  ill  •  -Ni-w  V(irk  Colimial  DoniuifUts.'    N'ul.  IIL.  p.  :IG1  :  tbc  copy  fioiu 
Enghiuil  ticiii^;  wilboiit  auy  signature.     Ei>. 


1685]        ORDER  FOR  LAYING  OUT  OF  LANDS.  493 

relateing  both  to  the  one  and  other  may  be  done  Justly  & 
equally  that  whosoever  comes  to  possess  Land  in  the  said 
Province  may  assuredly  rest  in  the  Security  of  their  Tytle, 
the  Proprietors  after  mature  deliberation  haveing  fully 
Considered  the  methods  vsed  in  their  Neighbouring  Prov- 
inces and  the  Instructions  from  time  to  time  granted  here- 
tofore have  now  fidly  determined  that  the  rules  after 
following  shall  for  the  Space  of  three  years  next  ensueing 
the  twentie  [ninth  i]  of  September  next  followeing  the 
date  hereof,  and  for  so  long  after  vntill  it  shall  be  other- 
waies  appointed  and  published,  be  followed  maintained 
and  pursued  in  the  disposal!  and  setteiug  out  of  all  Lands 
in  the  said  Province  without  any  Alteration  whatsoever. 

1 .  .  . .  That  no  Land  be  treated  for  or  disposed  of  vpon  the 
Proprietors  Account  by  Sale  or  Pent  but  in  oj^en  Office. 
The  Deputy  Governor  and  Surveyor  Generall  for  the 
time  being  and  a  Quorum  of  the  Conniiissioners  ap- 
pointed for  that  end  being  present. 

2....  That  all  money  and  other  vallue  received  for  Land 
sold  and  all  Pent  whatsoever  be  paid  to  the  General 
Receiver  for  the  Proprietors  vse  and  to  another  person. 

3 . . . .  That  no  Land  be  sold  or  sett  to  Pent  below  the 
price  iixt  in  the  first  Printed  Proposalls  Yizt^  Two  2:)euce 
p.  Acre  p.  Ann.  for  Rent  or  ten  pounds  Sterling  for 
each  hundred  Acres  purchas'r  payeing  Six  pence  Eng- 
lish for  every  hundred  Acres  [yearlye]  Quitt  Rent  the 
purchas  money  to  be  paid  at  the  receipt  of  the  Patent 
vnder  the  Scale  of  the  Province  and  the  rent  to  Com- 
mence from  the  next  Twentie  fifth  [day  of]  March  after 
the  Sealeing  the  Lease  Proa^ded  that  there  be  a  Family 
consisting  of  at  Least,  three  psons  where  of  two  to  be 
able  workeing  hands  vpon  every  five  hundred  Acres  of 
Land  within  one  year  after  the  Pattent  or  Lease  Sealed 
And  that  no  one  purchaser  be  allowed  to  buy  or  take 


1  Woid.s  or  letters  withiu  brackets  defaced  in  the  origiual,  and  snjiplied  from  the 
printed  copy  in  '•  Grants  and  Concessions,"  p.  'Ml.    Ed. 


4'.t4  NKW    .IKKSKV    CoI.o.MAI.    Imm  IMKXTS.  [1685 

vj)|)  vitoii  llvwl  above  one  Tlioiisiiud  Acivs  in  one  place, 
lint  where  there  is  any  })arcell  of  clioiee  I.and  that  may 
deserve  more  money  <»r  lient,  it  is  left  to  the  aforesaid 
Conimission[e|rt5  and  they  Viz!  The  Dep'*'  Governor  and 
Comniissionrs  ahove  mentioned  are  hereby  Authorized 
to  sett  the  valine  Provided  the  Sale  of  such  be  not  a 
prejudice  to  the  Sale  of  Adjacent  Lands. 
4.  .  .  .That  each  whole  Proprietor,  or  one  haveini^  a  halfe 
Proprietie,  that  is  one  Forty  eighth  i)art  of  the  Province 
shall  vpon  [his  address  (or  his]  Agent  or  [proxie]  for 
him)  [to  the]  Dep'^  Governor  and  Commissioners  afore- 
said have  a  Thousand  [Acres  of]  Land  set  out  to  him  he 
l)eing  ready  to  settle  there  vpon  a  Ifamily  with  three  al)le 
workeing  hands  at  least,  and  every  [one]  haveing  a 
Lesse  Share  in  a  Proprietie  shall  have  I'ive  linndred 
Acres  set  out  upon  the  Termes  afoix'said  and  so  be 
admitted  to  the  possession  of  a  Tousand  Acres,  or  five 
hundred  Acres  respectively  untill  the  said  Proprietie 
have  Arrived  to  the  Number  of  Ten  Thousand  Acres 
at  which  time  they  Shall  Stopp  for  three  years  vntill 
other  Proprietors  have  time  to  come  vpp  to  the  like 
(piantitie  with  them  but  after  the  three  years  is  expired 
from  the  time  of  Settlement  vpon  the  last  portion  of  the 
first  Ten  Thousand  Acres,  such  as  will  shall  be  admitted 
to  the  possession  of  other  ten  Thousand  Acres  Notwith- 
standing [of]  any  not  haveing  taken  vpp  their  lirst  Ten 
Thousand  I^kovided  they  settle  y*"  double  number  of 
Familyes,  Pro  rato  that  they  did  in  y''  tirst  settlement 
Viz!'  every  whole  or  halfe  Proprietie  a  Ifamily  with  three 
workiuir  hands  vpon  each  live  hundi'cd  Acres  and  everv 
small  Purchaser  a  family  with  two  woi-keing  hands  vpon 
two  hundred  and  tifty  Acres,  or  two  such  familyes  vpon 
five  hundi-ed  Acres.  And  that  this  method  may  be 
strictly  observed  it  is  ordei'ed  tliere  be  an  t'xact  account 
kej)t  by  y'"  Cheife  Register  of  all  Acres  of  lands  sett  olf 
to  each  J*ro]>i'iotie  by  vertue  of  this  Order,  or  those  Con- 
cerned  in    it    that   there  may  be  a  stopp  made  when  y 


1685]  ORDER    FOR    1>AYING    OUT    OF    LANDS.  495- 

imniber  of  Ten  thousand  Acres  is  fultilled.  Providkd 
all  wayes  that  whatever  number  of  Acres  is  or  shall  be 
taken  vpp  by  an  Proprietie  or  those  concerned  vnder 
them,  oi'  laid  ont  for  them  by  y'^  Surveyor  or  entred  in 
y*^  Secretary's  Office  before  y*"  publishing  of  this  Order* 
shall  be  reckoned  &  Applyed  to  y*^  person  concerned 
towards  y®  makeing  vpp  of  y*"  first  Division  of  Ten 
Thousand  Acres  to  a  Proprietie,  Also  hereby  tlie  Orders 
for  Land  to  W'l'  Dockwra  dated  27°  March  and  14"  May 
last  and  y*:  Order  to  David  Barclay  of  the  same  date,  as 
also  y"  Instrument  dated  Febi-uary  168^  and  third  of 
May  One  Thousand  Six  hundred  Eighty  four  in  favour 
of  small  Purchasers  is  ratified  A:  the  Land  which  is 
appointed  y'"  by  vertue  of  those  Orders  is  hereby  Con- 
firmed to  them  over  and  above  such  other  Land  as  shall 
be  sett  out  to  y*^  said  William  Dockwra  before  y*^  Arrivall 
of  this  Order,  and  wee  further  appoint  that  where  any 
of  y^  said  Proprietors  shall  offer  to  Settle  a  Familv 
qiiallified  as  above  in  the  Second  Division,  that  is  two 
familyes  with  three  workeing  hands  to  each  they  shall 
have  five  hundred  Acres  more  yeilded  to  them  so  loner 
as  the  ten  Thousand  iVcres  of  that  Proprietie  (they  are 
concerned  in)  wants  to  be  made  vpp  and  in  res|)ect  that 
Such  Proprietors  as  take  vpp  their  Ten  Thousand  Acres 
may  sell  them  off  intirely  and  so  destroy  y^  nature  of 
the  Proprietie  they  shall  be  oblidged  to  retaine  to  them 
their  Heires  and  Assignes  as  Proprietoi's  sucli  a  Share 
thereof  as  by  y*:  thirteenth  Article  of  the  fFour  and 
Twenty  ffundamentall  Constitutions  is  thereby  intended 
to  be  held  as  iiulis])ensil)ly  annexed  to  y*^  Proprietor- 
shipp. 
5, . .  .That  in  order  to  yf  Kegular  ])lanting  of  the  Country 
the  land  be  set  out  as  often  as  it  can  be  in  Plotts  or 
Towne  Shipps  according  to  the  best  methods  of  (uir 
Neiglibouring  Collonyes  whereof  wee  are  assured  there 
are  good  examples  in  Poisilvania  and  Long  Island,  as 
for  Instaiu-e  five  or  Ten  Thousand  Aci'es  in  a  Towne 


41)0  NEW    .JERSEY    COLOMAL    DOCUMENTS.  [168.") 

6lii])]>  to  1)0  taken  vjtp  ])y  ten  or  Twenty  iVainilyes,  tliat 
is  tii\'e  liuiulred  Acres  to  a  ll'amily,  tlie  priviledge  of  the 
i:;reat  an<l  lialfc  Pro))i'ietors  excepted  ot  liavein<;  a  Thou- 
sand Acres  allowed  to  one  family,  And  wee  do  Seriously 

'  reconnnend  it  to  the  I)e])uty  Governor  and  Commis- 
sion™ and  in  a  Si)eciall  manner  to  the  (Tcnerall  Surveyor 
that  such  })lotts  may  be  run  out  and  the  divisions  marked 
before  hand  so  as  to  be  in  readynes  when  either  tlie 
Troprietors  or  other  people  may  demand  Land,  as  we 
are  certainly  informed  is  done  in  some  of  our  ]S^ei<^hbour- 
inj^  Provinces  by  number,  as,  one,  two,  three,  four,  itc. 
That  such  as  comes  to  view  the  place  may  Choose  the 
nundjer  and  pay  the  Surveyor  his  ffees  and  have  Access 
to  Settlement  without  delay. 

()...  .Tn AT  wherever  there  is  a  convenient  Plott  of  Land 
lyin<^-  toi^ether  contayninii;  Twenty  four  Thousand  Acres 
as  we  are  infoi'med  will  moi'c  especially  be  at  Jjarneg'ate, 
it  be  devided  and  marked  in  Twenty  four  ])arts  a  Thou- 
sand Acres  to  each  Proprietie  and  the  parts  being  made 
as  e[(pi]ally  as  can  be  for  (juallitie  and  Scituation.  The 
first  commers  presently  settleing  is  to  have  the  choice 
of  the  Divisions,  and  where  s[eve]rall  Stand  in  that 
respect  vpon  equall  termes  and  time  of  Settleing  it  be 
determined  by  Lott  allwayes  Provided  the  Age[n.ts  a]nd 
Proxies  of  y*'  Absent  Pro]M-ietors  who  offer  to  Settle,  be 
called  and  admitted  to  act  for  their  Principals  equally 
with  those  [present]  and  tliat  such  Proprieties  as  are  in 
the  right  of  Miners  or  Widowes  which  as  by  accident 
may  want  Proxies  or  be  Ign[orant  of  things]  there  nuiy 
not  be  prc^udi|ced,  an]d  yet  such  plott  may  not  remaine 
vnsettled  the  Dep^^  Governor  and  Commissioners  [are 
allowed  to  let  small  Parts  in  the  chief  Places  of  Settle- 
ment] upon  the  Shares  of  Such  Proprietors  at  [some 
small  I'ee  Farm  p^/'  Annvin,  to  poor  Families]  (not 
exceeding   Sixty  *    Acres   to   a   family)    to    Secure  the 

1    Fifty,  as  printed  in  I.uamiug  &,  Spicer's  "  Giants  aud  Coucessious,"  p.  '^10. 


1685]  ORDER    FOR    LAYIN(f    OUT    OF    LANDS.'  497 

Quaiititie.  And  if  in  seven  years  no  care  be  taken 
[by  the  Parjties  concerned  in  that  Division  or  Share  to 
Settle.  That  then  any  other  Proprietor  ottering  to  Set- 
tle vpon  the  Conditions  a[bovemen]tioned  may  have 
accesse  to  jjossess  the  Share  (or  part  thereof)  in  such 
places  as  a  j)art  of  the  first  or  second  Ten  thousand 
Acres  to  a  whole  Proprietie.  And  it  is  here  to  be 
minded  that  in  any  Such  Settlement  of  Twenty  four 
Thousand  Acres  such  small  Purchasers  as  have  allready 
Received  their  full  proportion  of  Ten  Thousand  Acres 
shall  not  pretend  Access  thereto  but  it  shall  be  reserved 
for  two  years  (after  Surveying  ready  for  such  Concerned 
in  that  Proprietie,  who  have  not  yet  received  a  Share  of 
the  Ten  Thousand  Acres)  which  time  being  expired, 
those  who  have  their  full  first  Pro})ortion  shall  have 
Accesse  thereto  as  part  of  the  said  Ten  thousand  Acres 
vpoi\  the  Termes  of  Settleing  more  as  above. 

And  whereas  for  defrayeing  of  necessary  Publicke 
Charges  there  has  been  Severall  liates  laid  as  a  Tax 
vpon  each  Proprietie  at  Sundry  times  v'v/}-  Ten  pounds 
on  each  Proprietie  (and  so  ^yo  rato)  vpon  the  29"'  of 
June  One  Tliousand  Six  hundred  Eighty  Three.  Five 
j)ounds  on  y'^  292  January  One  Thousand  Six  hundred 
Eighty  three,  Five  pounds  on  the  29-2  July  One  Thou- 
sand Six  hundred  eighty  four.  Ten  pounds  on  the  24*^ 
of  October  One  Thousand  Six  hundred  Eighty  four,  and 
Ten  jjounds  on  the  12  of  June  One  Thousand  Six  hun- 
dred Eighty  fine.  It  is  hereby  dechired  to  be  the  true 
intent  and  meaneing  of  this  Order  tliat  no  Fand  vpon 
the  first  and  Second  Division  shall  be  laid  out  to,  or 
possest  by  any  Proprietor,  or  Shares  in  a  Proprietie 
vntill  he  hath  first  i)aid  sucli  full  Arrear  of  Tax  as  hath 
been  or  shall  be  from  time  to  time  laid  vpon  his  Pro- 
prietie or  share  for  necessary  publick  Charges,  but  such 
non  payment  of  Arrears  shall  be  a  Sufficient  Barr  and 
Exclusion  to  such  person  or  persons  from  haveing  any 
Land  sett  out  toliim  or  them  vntill  he  or  they  have  fully 


498  NKW    JERSEY    f'oI.tiMAr,    Di  >(  IM  ENTr^.  [1685 

paid,  and  Satisfied  what  he  or  they  owe  to  the  ]>iiblieke 
Stock  as  aforesaid, — 
7....  WJieret'er  tlicrc  is  an  Etrordinary  clioiee  spott  of 
Land  so  esteemed  by  tlie  Surveyor  Generall  or  any  two 
of  the  Commission?  eitlicr  for  tlie  exeellencie  of  Soyle 
or  advantage  of  Scitnation  it  shall  be  reserved  for  the 
J(»ynt  Interest  of  all  the  Proprietors,  and  east  in  an 
e(juall  Division,  or  if  it  be  such  as  for  the  smallnesse  of 
it  (oi-  any  other  reason)  eaiiiiot  be  so  ordered,  it  shall  not 
be  medled  with  vntill  the  [)lnrality  of  the  J^roprietors 
are  advised  thereof,  that  by  them  it  may  be  determined 
whether  after  a  valine  be  put  \  j)on  it,  as  one  Acre 
esteemed  worth  four  or  more  ;  it  shall  goe  to  such  as 
will  allow  most  to  the  rest  for  it,  or  where  they  will  not 
do  so,  after  the  valine  sett,  it  shall  be  determined  by 
Lott,  and  as  this  should  have  been  done  in  the  notable 
Case  of  Cangoraza  by  Gawen  Lawrie  and  Thomas  liud- 
iard,  so  it  is  hereby  declared  by  the  (Tovernor  and  Pro- 
prietors, That  they  will  not  Lett  that  Land  there  which 
they  have  taken  to  themselves  and  caused  to  be  sett  out 
to  them,  go  otherwise.  Therefore  for  that  Thousand 
Acres  taken  vp])  so  much  \  pou  the  water  side,  by  Gawen 
l^awrie  for  himselte  and  sold  to  Cap'  Palmer,  Theare 
shall  be  Three  Thousand  Acres  discounted  to  him  of  the 
five  Thousand  to  be  allowed  him  in  the  first  Division 
for  his  lialfe  I*roprictie,  And  for  the  Thousand  Acres 
which  Thomas  liuddiard  has  gotten  at  Changoraza  be- 
cause his  part  is  bettei",  there  shall  be  discounted  to  him 
four  Thousand  of  the  ten  Thousand  Acres  to  be  allowed 
him  for  J*ro])rietie  in  the  first  Division,  and  to  evidence 
that  wee  do  in  this  as  wee  would  be  done  by  wee  are 
content  to  acce])t  of  it  Severall  of  us  Joyntly  or  some 
of  us  apart  v]ion  the  same  termes.  And  it  is  hereby 
declared  that  if  theise  termes  are  not  presently  accepted, 
that  wee  will  as  hereby  we  do  Ileclaim  all  the  said  Land 
vpon  Changaroza,  or  such  Thousand  Acres  of  him  that 
does  not  comply  as  being  vnjustly  obtained  and  passed 


1B85]        ORDER  FOR  LAYING  OUT  OF  LANDS.  499 

against  our  positive  Orders  to  the  Contrary  ;  And  do 
hereby  dischar2;e  all  persons  from  inedleing  therewith 
or  settleing  therevpon  as  thej  will  be  answerable  at  their 
perill.  And  that  there  may  he[re]aft[er  be  no]  mistake, 
of  this  kinde,  neither  with  respect  to  this  nor  any  thing 
of  the  like  nature  in  y®  setteing  out  of  Lands  to  y'^  Pro- 
prietors and  others.  And  that  all  persons  may  proceed 
vpon  tirm  and  good  grounds  and  every  person  that  pur- 
chases or  rents  Lands  may  be  fully  informed  Wee  here- 
by appoint  this  Order  to  be  rirst  read  in  Councill  and 
then  published  through  the  Province,  and.  that  a  true 
Coppie  be  set  vpp  at  the  Towne  House  in  Perth  and 
one  Coppie  sent  to  each  County  Court  next  sitting  (after 
arrival!  hereof)  to  be  Urst  read  there  in  open  Court  and 
afterwards  set  vpp  in  each  Court  House  or  such  con- 
venient place  where  it  may  be  read  so  as  to  render  it 
most  pablick  to  informe  all  persons  whatsoever  that  are 
or  may  be  concerned  in  the  same. 

Lastly  that  every  one  may  know  the  names  of  the 
Commissioners  concerned  in  the  business  of  Lands  we  do 
hereby  jSTominate  Authorize  and  appoint  the  Deputy  Gov- 
ernor for  the  time  being,  David  Barclay  as  Proxie  for 
Robert  Barclay  Governor,  Cap^.  John  Berry  as  Proxie  for 
William  Penn,  Gawen  Lawrie  as  Proxie  for  William  Dock- 
wra,  John  Campbell  [Proxie  for]  Lord  Viscount  Melford, 
Robert  Ifulerton  and  Thomas  ffulerton,  David  Mudye  and 
James  Johnson  Proxies  for  Thomas  Hart  Thomas  Barker, 
Clement  Plumsted  and  Thomas  Cox,  And  George  Wil- 
cocks  Proxie  for  Robert  Gordon  also  Thomas  Warne  David 
Barclay  and  Thomas  Gordon  all  Sharers  in  Proprieties  to 
be  our  aforementioned  Commissionrs  together  with  all 
other  Proprietors  as  shall  hereafter  come  and  live  vpon  the 
place  and  such  other  Proxies  as  wee  and  any  Proprietors 
shall  make  hereafter,  to  whom  wee  grant  our  full  power 
and  Authoritie  to  act  according  to  y^  Tennor  of  the  Prem- 
ises agreeing  and  ordering  that  any  Fiv^e  of  them  shall  be 
a   Quorum,    and    the    major    part    present   to    determine. 


500 


NEW    .rF:KSET    COLONIAL    DOCUMENTS. 


[1685 


Given  in  London  vnder  our  hands  and  Scale  of  the  Prov- 
ince of  East  Nkw  Jkksey  this  third  day  of  July  in  the 
first  year  of  the  Reigne  of  Kiiii^  James  the  Second  over 
Enirhind  vfcc  Anno  Doin:  168.") 


'iT^—fCa 


^f^TK 


Taruat.  R  Blackfokd.  Tiio*^  Cox. 

Elisabeth  Giuson  AValtek  Benthal 


1  One  si{n>aturo  to  the  original  cannot  be  deciphered.  The  same  difficulty,  proba- 
bly, led  to  the  oiiiiHsiou  of  Ihe  name  when  the  document  waH  printed  in  "  Grants  and 
Concessions,"  p  'Ji:<.    Em. 


1685]  PROCEEDINGS    OF    NeW    YORK    COUNCIL.  501 


Order  in    Council  Respecting  New  Jersey. 

[From  "New  York  Colonial  Dooumenta,"  Vol.  III.,  p.  3(59.1 

At  the  Court  at  Whitehall  y«  17  of  July  1G85. 

By  y'  Kings  Most  E.\eellent  Majesty  and  y*"  Lords  of 
his  Ma"  most  hon""^  Privy  Conncill 

A  Report  from  y«  Eight  H(in""'  y"'  L*  of  y^  Com'^«  for 
Trade  k,  Foreign  Plantations  being  this  day  read  at  the 
Board  in  y*  Words  following 

May  it  j^lease  yo'^  Majesty 

[Extract.] 

Wee  have  also  received  a  Lr*  from  y^  Mayor  Aldermen 
&  principal  Officers  of  y*"  Citty  of  Kew  York  dated  y*"- 
13'^  of  May  last  setting  forth  that  since  yo""  Ma'^y  hath  been 
pleased  to  p''mit  Delaware  &  y^  two  Jerseys  to  be  separated 
from  y^  Gov™'  of  New  York  that  City  hath  extreamly 
suffered  hy  the  Loss  of  at  least  one  third  p^  of  its  Trade  cfe 
hath  ever  since  much  decayed  in  the  number  of  Inhabitants 
Rents  &  Buildings.  And  that  yo*"  Ma'^^*  Revenue  doth 
likewise  suffer  thereby  whereupon  wee  likewise  offer  o' 
opinions  that  yo''  Ma'^y^  Attorney  Genali  may  have  direc- 
tions to  consider  the  several  Grants  &  Proprietyes  of  East 
&  West  New  Jersey  <k  of  Delaware  aforemenconed  &  to 
enter  y^  like  writs  of  Quo  Warranto  against  y^  respective 
Proprietors  if  he  shall  find  cause  it  being  of  very  great  & 
growing  prejudice  to  yo''  Ma'^*  affaires  in  y*^  Plautaeon  tfe 
to  yo""  Customs  here  that  such  independent  Governments 
be  kept  up  &  maintained  w*'^out  a  nearer  &  more  Iniediate 
Dependance  on  yo""  Ma*^  All  which  is  most  liumbly  sub- 
mitted 

Rochester  IT.mjjfax  P.  Clakkxdox  C.  P.  8 

Ormond  Beaufort 

Council  Chamber  15.  July  1085. 

His   Ma'*'  being  graciously  pleased    to   up])rove   of  tha 


502  N'eW  jkUsey  colonial  docimknts.  [1685 

same  is  pleased  to  order  and  direct  that  y''  said  Articles  be 
iSc  they  are  hereby  i-eferred  to  S'."  I^  Sawyer  Xii'  his  Ma'-L" 

Attor^  Generall 

.  .  .  .  And  it  is  further  ordered  that  M''  Attorney 
(t™"  do  forthwith  consider  of  y*'  severall  Grants  A'  {Pro- 
prietors of  East  A  West  I^ew  Jersey  &  of  Delaware  A: 
entei'  y''  like  writts  of  Quo  Warranto  against  y*"  i-esjiective 
Proprietors  thereof  if  he  shall  find  cause 

WlLLL\M    IjKIIX^.KMAN 

Mem:  \Kii/'acf.]  My  Lord  President  is  desired  by  the 
Eight  Hon"'*"  y«  Lords  of  y^  Com'*'''  for  Trade  and  Planta- 
cons  to  move  his  Ma^^^  that  the  directions  to  M''  Attorney 
G™''  that  y*"  prosecution  of  several  writts  of  Quo  Warranto 

against y''  Projjrieties   of  East  tfe 

AVest  New  Jersey  A  of  Delaware  in  America  he  renewed 
&  thaty*"  Same  may  be  prosecuted  to  effect 

C.)uiicill  Chamber  21  April  1G86. 


Or<l<i'  to  Keamine  Ltio  tin    Aff'tdrs  of  I'Aist  Jert^eij. 

(From  tlie  Original  in  tlie  Lil)rary  of  the  New  Jersey  Historical  Society.) 

lloHKRT  Barclay  Esq?  Governouk  and  one  ok  the 

^  .,  l^ROPRIETORS     of     THE     PROVINCE    OF     EaST     NEW 

[l.    S.  -r  ,  ,j 

Jersey*  and  other  tmk  Pi'oprietors   of   the 

satd  Province. 

To  the  Proprietors  and  other  our  Com'issi oners  for 

the  time  being  for  settino'  out  .•iiid  (lisjxtsall  of 

land  and  setling  othei'  affaii's  There  : 

Greetinc; 

AVhereas  the  Proprietors  on  this  si<lc  luulng  long  tyme 

1  RoiiKUT  BAit("i-AY— the  author  of  the  celebrati'd  work  in  Latin,  cntitlcil  'An 
Apology  for  the  true  Christian  Divinity,  as  the  same  is  I'rcarhed  anil  held  Fortli  by 
the  People,  in  worn,  culled  (Quakers ;  "  from  which  he  ac(inired  the  appellation  of 
"  the  Apologist  " — was  one  of  the  original  twelve  Proprietors:  and  it  was  doubtless 
duo  to  his  prominence  among  the  (Juakors,  that  he  was  selected  as  tlie  tirst  (Jovernor 
of  East  Jersey— combining,  as  ho  did,  many  (pialifications  for  the  office,  along  with 
intimate  relations  with  the  King  and  the  Duke  of  ^■oI■k.  See  ■"  East  Jei-.sey  Under 
the  J'roprietary  Governments;"  Aliboue's  "Dictionary  of  Authors.''     Ed. 


1685]  ORHER  TO  EXxYMINK  KAST  JERSEY  AFFAIRS.  50S! 

expected  particular  acco^f  of  variety  of  tlieir  concerns  in 
their  said  Province,  and  have  hitherto  had  only  such  gen- 
crall  &  short  intyuiations  of  tilings  as  have  rendred  them 
uncapable  to  understand  tlie  state  of  their  affairs  there, 
Wee  do  hereby  [with  our  full  power  ^]  authorize  and  ap- 
point you  our  fellew  Proprietors  and  Coni'issioners  (and 
any  five  of  you  to  be  a  Quorum  ife  the  Major  part  to 
determine)  vpon  the  severall  heads  hereafter  following 
Viz! 

1 ....  To  inspect  and  audit  the  acco'f  and  receipts  in  par- 
ticular of  Gawen  Lawrie,  of  all  quit  rents  sale  of  Lots 
or  lands,  or  anj^  other  mony  or  valine  whatsoever  rec*!  by 
him  on  the  accof  of  the  Proprietors  of  or  from  any  per- 
son or  persons  whatsoever  as  also  to  audit  the  acco'f  of 
all  other  officers  in  y^  Province  y?  receive  any  of  the 
publique  mony  or  goods  belonging  to  y*^  ProprieM'' 

2. .  .  .To  inspect  and  audit  the  pajan^f  and  disbursem^**  of 
the  said  Gawen  Lawrie  on  the  acco*  of  the  said  Proprie- 
tors of  what  nature  soever  they  are,  &  the  acco'f  of  all 
other  officers  that  pay  any  mony  or  goods  belonging  to 
the  Proprietors. 

3.... To  examine  all  patents  or  grants  whatsoever  since 
the  purchase  of  the  s'^  Province  by  y*:  Proprietors  &  all 
sales  of  Towne  plots  or  other  lands,  and  to  send  the  Pro- 
prietors in  a  paper  l)ook  true  copies  verbatim  of  the 
severall  and  respective  patents  &  grants  of  all  lands  that 
are  or  shall  be  past  from  y*^  beginning  of  the  Proi)rie- 
tors  concern  until  the  twenty  fifth  [of]  March  next,  by 
the  next  ship  that  comes  away  for  London  after  the  said 
twenty  fifth  March  next,  and  that  afterward  a  ti'ue  & 
perfect  coppy  verbatim  of  every  other  patent  ct  grant 
that  is  past  from  one  twenty  fifth  March  to  aiujther  be 
annually  sent  to  y*^  Proprietors  in  London  as  aforesaid 

4.  . ,  .That  a  co])py  of  the  ground  plot  of  Perth  Amboy  & 
the  severall  lotts  thereof  be  numbred  &  sent  hither  as 


1  Words  withiu  brackets  interlined.    Ei). 


.')04  NKW    JKKSKY    rol.oNIAI.    DOCUMENTS.  [1685 

also  tlu'  names  to  wlioni  they  are  s^raiited  and  a  report  of 
the  number  tt  description  of  every  liouse  built,  or  to  be 
built  in  the  said  towne,  to  the  twenty  fifth  March  next, 
and  who  are  the  owners  thereof  and  so  annually  from 
year  to  year  what  additions  are  built  to  l)e  sent  next 
Ship  after  every  twenty  fifth  of  March — As  also  a  par- 
ticular of  what  houses,  buildings,  orchards  or  lands  with 
tiie  dcscri[)tion  of  the  quantity  scituation  and  valine  of 
each,  that  are  in  other  parts  of  the  Proviiu-e  belonging 
to  y^  Proprietors  ])ul)li(jue  Stock — As  also  an  Inventory 
of  the  Particulars  and  valine  of  all  nioveal)les  dc  other 
chattels  they  have  in  the  Province  to  be  sent  as  aforesaid 
to  the  Proprietors. 

Given  under  the  seale  of  the  Province  the  one  and 
twentieth  day  of  October  in  the  first  year  of  the  reign  of 
James  the  Secoiul  King  of  England  Arc*  Annoq:  Doni:  one 
thousand  six  hundred  eightv  and  five. 

AV.  D. 
Ci.km!'  PLU^rsTKl)  Tuomas  Hart  Proxie  for  James 

Tno* :  Bakkku  James  Bkain  Earl  of  Perth 

AVill:   Doukwka  E:  Byija'xgi:  Eord  Chancellor 

Walter  J>i:ntuai.l      Tno.  Cox  of  Scotland. 


Trsf'niiouy  of  Tlntofjn/  Ildlstrail  diid  Joti'iClh  Z,<'lllh), 
Rclai'infj  to  T/n^lr  Inicnxi  in  tin-  EJ'irjiliPtlitoini 
PurcliiiKe. 

[Kroni  N.  V.  ("ol.  MSS..   in  Sfcret:ivv  nt  St;ili".s  ollicc.  Albany.  Vol.   XXXII..  p.  183.1 

The  testimony  (^ff  Timothy  Hoist c^ad  of  llemstead  in 
(Queens  County  Who  declai'eth  y'  y''  purchasesers  off  Affter 
Kull  (\'iz)  Daniel  Denton  John  .P)aylies  h  Luke  AVatson 
did  admit  off  my  sclft"  c*c  my  Protlior  alsoe  u])on  ye  dis- 
bursement off'  four  pounds  a  peice  in  l)ever  pay  to  bee 
Associates  .  .  .  y'"  ]iurchase  in  Case  we  liked  A¥hich 
monv  wee  dislmrst'd  tfor  iiidcan  trade  which  savd  indean 


1685]  ELIZABETHTUWN    PUECirASE.  505 

goods  went  to  the  purchase  off  y*  .  .  .  land  at  Aft'ter 
Kull  at  y^  Request  of  y^  afforsay'^  jDurchasers  We  dislikinsj 
y^  place  upon  a  view  off  it  And  they  ingaging  wee  should 
bee  pay*^  ffor  our  goods  and  we  acknowledge  y*^  wee  have 
Keceeved  satisffation  of  Dan^  Denton  affors^  one  off  y" 
purchasers  the  whole  sum  payd  by  Selff  and  brother  was 
four  pounds  a  peece  and  two  &  six  pence  : 

Samuel  Denton  oft'  Hemstead  doth  alsoe  testiffy  y*  y^ 
above  written  purchasers  did  agree  alsoe  w*  him  upon  y*^ 
disbursment  off  four  pounds  to  bee  an  equal  Associate  av^' 
tliem  in  Case  hee  liked  which  four  pounds  hee  pay'd  in 
bever  for  goods  y*  went  to  the  purchase  off  y^  s**  land  at 
Affterkull  at  y®  desire  off  y''  jjurchasers  they  promising  to 
Repay  Mee.  And  I  acknowledge  y^  I  have  Received 
Satisffaction  off  Daniell  Denton  one  of  y''  s,'^  purchasers 
ffor  y^  s^  ffour  pounds  :  ffor  y®  ffour  pounds  above  men- 
tioned Sam"  doth  testiffy  y*^  Exactly  to  ye  sum  hee  cannot 
so  well  Remember  But  is  positive  in  this  that  hee  pay'' 
Equall  w*  the  purchasers. 

Sworn  before  us  y*^  17°  November  1685 

Elias  Doughty 
Richard  Cornwell 

Justices  in  Quorum 

Timothy  Holstead  &  Sam"  Denton  on  the  other  side 
mentioned  doe  ffurther  testiffy  that  y''  mony  on  y^  other 
side  mentioned  was  payd  to  y*'  indeans  ff'or  all  such  lands 
Containd  in  y^  purchase  made  by  y*"  purchasers  on  the  other 
side  Mentiond  As  well  ffor  Elizabetlitowne  as  y*^  Rest  & 
ft'urther  wee  layd  downe  our  Money  ffor  y^  purchas  at 
Daniell  Dentons  Commending  off  y*^  place  to  us  as  severall 
others  did  upon  incouragement  ft'rom  y*^  other  pui-chasers. 
And  never  Received  a  ff'arthin  but  ffrom  daniel  Denton 
And  y*  Ambrose  Sutton  also  was  one  off     .     .     Company. 

December  5'*^  1685 

Attested  before  Mee  Richard  Cornwell, 

Justice  in  Quorum. 


5(>6  NEW   .lERSKA-    COLONIAL   DOCl-MKNTS.  [1680 

Josiah  Lettiii  off  oisterbay  (Queens  County  totstitieth  tliat 
when  Daniell  Denton,  Jolin  Baylies  vfe  Luke  Watson  did 
purchase  Affter  kuU  so  called  off  y*  indeans  that  I  went 
w'  Dan"  Denton  when  hee  Carried  y*"  goods  to  pay  ye 
]>urchase  off"  y*^  land  And  y'  ISaniuel  Denton  &  timothy 
llolstead  *fe  Ambrose  Sutten  was  off  y*  Company  6c  ]>ayd 
Mony  towards  ye  purchase  And  I  payd  my  Mony  .Vlsoe 
towards  y*"  purchase  to  Luke  Watson  AVee  being  all  off  ns 
to  have  land  iff"  wc  like  ft'or  our  mony  y'  wee  disbursd  But 
I  never  Ileceived  any  satisffaction  oft'  Luke  Watson  nor 
any  other  off  ye  purchasers  ft'or  my  s''  Mony  that  I  layd 
out  ffor  y''  s"^  purchase  nor  ever  had  any  Consideration  in 
land  or  any  other  way  taken  upon  .  .  .  y®  last  day  of 
March  Annoq:  Domini  108G 

Before  Mee  John  Towxsend  Sen! 

Justice  off  ye  peace. 


The  Proprieiofs  of  Jimt  Jersoy^  in  EiKJkmd,  to  the  Depnty 
Governor  and  Couneil  oj  Pro])r'ietors  in  East  Jersey. 

[From  a  conteiuporaneons  certified  Copy  among  the  Manuscripts  of  W.  A.  Whiteliead.! 

,  Robert  Barclay   Esq?   Governor   and 

)                       I  one  of  the  Proprietors  of  the  Prov- 

"j                       (  ince  of  East  new  Jersey  and  other 

(  Proprietors.  )  ^j^^  Proprietors  of  the  said  Province  : 

To  our  Deputy  (xovernor  for  the  tyme  being  and 
the  Couiicill  of  Proprietors  there. 

(tREETIXG. 

WuKRKAS  the  Proj)rietors  resitling  in  Europe  have  found 
great  inconvenience  in  collecting  the  hands  of  the  Major 
part  of  the  Proprietors  to  such  Orders  as  have  been  neces- 
sary to  send  from  tyme  to  tyme  to  the  said  Province,  some 
happening  to  be  absent  (at  great  distance)  when  oj)j)or- 
tunity  of  Conveyance  to  East  Jersey  offers  :  by  reason 
whereof  their  names  cannot  be  put  (in  due  tyme)  to  such 
Orders  and  instruments  as  are  agreed  to  and  recpiire  dis- 


16S6]  WILLIAM   DOCKWEA   APPOINTED   AGENT.  507 

patch.  Tliey  therefore  considering  the  fidelity  of  their 
fellow  PropTietor  William  Dockwra  and  his  constant  and 
indefatigable  diligence  in  their  affairs  do  hereby  (as  the 
best  expedient  to  redress  that  mischeif,)  Order  and  appoint 
AVilliam  Dockwra,  for  tyme  to  come,  to  affix  the  seal  of 
the  Province  to  all  snch  orders  or  Instrnm^''  whatsoever  as 
shall  from  tyme  to  tyme  be  agreed  on  here,  to  be  sent  over 
to  the  Deputy  Gov!'  &  Conncill  of  Proprietors  in  East  new 
Jersey  and  that  only  the  name  of  the  said  W'"  Dockwra 
subscribed  as  Agent  to  Comp^  of  Proprietors,  together 
with  such  seal  aftixed,  shall  be  sufiicient  to  give  them  as 
ample  and  lawfull  authority  to  all  intents  constructions 
and  purposes,  in  all  cases  whatsoever,  as  if  they  were  signed 
by  the  Major  part  of  the  Comp*  of  Proprietors  or  other- 
wise howsoever.  Given  under  our  hands  and  scale  of  the 
Province  of  East  new  Jersey  this  twenty  ninth  day  of 
Aprill  in  the  second  year  of  the  reeign  of  King  James  the 
second  in  England  cV:c  Annoq  Dom:  one  thousand  six 
hundred  eighty  six. 

Signed  by  Order  of  y®  Proj^rietors 

Will:  Dockwra  Agent. 

being  a  true  coppy  of  the  originall  ^ 


Agreement  Between  William  Penn  and  the  Kcecutirrs  of 
John  Fenwiehe. 

[From  a  Copy  in  the  Library  of  the  New  Jersey  Historical  Society.] 

Sp^ver'll  Things  discoursed  of  &  agreed  upon  between 
W^  Penn  proprietor  and  Governor  of  y°  Provence  of 
Pensilvania  and  Territeres  Samuel  Hedge  John  Smith 
Richard  Tendell  Executors  of  M''  John  Fenwicks  that  y^ 
said  W"  Penn  being  Properitur  by  Conveince  or  Dead 
from  y*'  said  John  Fenwicks  May  from  time  to  time  Take 
up  Land  Dispos  of  Land  for  y''  Planting  and  Improueing 

1  The  original  was  signed  by  Robert  IJarday,  Thomas  Cox,  Thomas  Barker, 
Thomas  Hart,  William  Dockwra,  Perth,  Robert  Burnet,  James  Braine,  Melfort, 
Robert  Gordon,  Clement  Plnmstead.  Walter  Benthall,  Tliomas  Cooper,  Elizabeth  Gib- 
son.   Ed 


50S  NKW    .IKKSKY    Cdl.oXIAL    DOCUMENTS.  [1686 

y''  Colinne  ;  Providing  all  ways  y'  y*^  Ears  and  asigns  of 
y*  said  John  Fenwicks  have  y''  Reserved  Nunib'r  of  one 
Inindred  and  fifty  thousand  Eacers  that  y*  Same  May  from 
time  to  time  be  Taken  up  planted  or  Dispossed  of  for  y* 
yoiis  apointed  by  his  will  for  that  porpns  that  y*'  said 
Samuel  Hedge  and  Richard  Tindell  and  John  Smith  do 
Consend  to  and  y''  said  W'"  Fenn  yet  y*^  Neck  betwixt 
Salem  Creack  and  oldmans  Creake  so  fare  .  .  .  y* 
same  is  .  .  .  Sold  or  Dispossed  of  by  John  Fenwicks 
shall  be  and  is  hearby  a  Loted  to  be  Disposed  of  or  Seatled 
by  W'"  Penn  fi'om  time  to  time  for  y*^  Royltes  of  Such 
Lands  as  are  Disposed  of  he  Makeing  full  Repris  for  the 
y*  Same  that  John  Smith  agreeth  to  Resine  liis  five  hun- 
dred Acers  in  y*^  Toun  for  500  elswhare  in  y*^  Same  Dure- 
dicktion  Refareing  to  him  a  Dubell  toun  Loot  Each  Loot 
being  fifteen  Eacers  the  Remander  to  be  Common  till 
taken  by  warrents  as  toun  Loots  Except  60  Eacres  for  a 
Toun  and  a  Comandachen  to  the  Properitor  W'"  Penn  that 
y''  Loot  all  Ready  Laid  out  before  y^  first  day  of  y*'  8° 
month  Tnsuing  the  Date  hearof  Seatled  by  the  Respecktif 
owners  els  free  to  be  Seatled  by  Others  Paying  y*^  Valiew 
of  the  said  Loots  as  it  is  Judged  in  open  Court,  that  there 
May  be  a  General  Warrente  granted  by  y*^  said  W'"  Penn 
to  y*^  Surveying  of  that  tenth  Liabeling  him  to  Resurve}' 
all  Tracts  Complated  of  as  More  then  Mayen  to  his  Egent 
for  y*"  time  being  dated  Sealed  on  the  13"'  of  y^  2"^  Month 
16si 
Samuel  Hedo    W"  Pknn  Aktiiur  Coock 

John  Smitu         James  NKAWKrr..     Rfcuard  Tindell 


//i.s//->/r//'o/)stfjvm  James,  Earl  of  Perth,  and  Others:  of  the 
Projyrietors,  to  Captain  Andrew  I/amilto/i. 

(From  Copy  among  the  Manuscripts  of  W.  A.  Whitehead.] 

AVke  James  Earle  of  Perth,  John  Viscount  of  Melford, 
Roliert  Pairlay  of  Trie,  Robert  Gordon  of  Clnnie,  Rob* 
15iinR't  of  Letlienty,  and    David    tfalconcr    Mer""'    in   the 


1686] 


INSTRUCTIONS    TO    ANDREW    HAMILTON.  509 


Kingdoiiic  of  Scotland,  and  AVilliani  Dockwra  mercli'^  in 
London  haveing  right  title  and  Interest  in  the  stock  after- 
mentioned  advanced  by  us  with  some  others  to  be  settled 
njjon  a  plantation  to  our  behoofes  in  the  province  of  East 
new:  Jersey  in  America  doe  fully  and  Amply  impower 
warrand  and,  and  authorize  by  this  our  Com'ission  under 
our  hands  and  seals,  our  trusty  and  wel  beloved  friend 
Captain  Andrew  Hamilton  ^  Merchant  in  the  Kingdom  of 
Scotland  now  bound  God  willing  with  the  first  opportuni- 
tie  from  England  to  the  said  Province,  That  when  it  shall 
please  God  that  he  Arive  there,  he  shall  make  Dilligent 

1/7  ^  is  first  mentioned,    in  the   "East 

Jersey  Records,"  as  being  interest- 
ed ia  ten  servants,  who  arrived  in 
March,  1683 ;  but  it  was  not  until 
he  was  made  the  bearer  of  this 
paper  that  he  embarked  himself  for  the  I'rovince,  with  whose  affairs  he  conliDued 
to  take  an  active  interest  until  his  death,  on  the  26th  of  April,  1703.  He  was  highly 
esteemed  by  all  the  best  citizens,  and  was  generally  in  prominent  positions.  It  is  not 
exactly  known  how  long  he  remained  in  the  Province,  as  the  agent  of  the  Proprie- 
tors ;  but  he  returned  to  it  about  the  time  that  Lord  Neill  Campbell  ariived  as 
Governor,  in  the  Autumn  of  1686,  "  transferring  his  family  towards  the  improvement 
of  his  plantation."  "Whether  a  wife  was  included,  is  uncertain;  for,  after  he  had 
been  in  the  Province  some  years,  he  married  Anne,  the  widows  of  Robert  Wharton, 
of  New  Tork,  and  daughter  of  the  former  Deputy  Governor  Rudyard.  He  may  have 
manied  again  subse(iuently,  for  in  his  will  his  widow  and  legatee  is  called  Agnee. 
He  was  made  one  of  Lord  Neill  Campbell's  Council,  and  succeeded  him  as  Deputy 
Governor.  In  1689,  he  returned  to  England  to  consult  with  the  Proprietors  there,  and 
on  his  way  was  taken  prisoner  by  the  French,  and  detained  by  them  for  some  time. 
Governor  Robert  Barclay  died  in  October,  1690  :  and,  after  an  intermission  of  two  years, 
during  which  were  made  the  inoperative  oppointments  of  John  Tatham  and  Joseph 
Dudley,  Hamilton  .succeeded  him,  returning  to  New  Jersey  in  September,  1692.  He 
served  as  Governor  until  1698,  when  he  was  displaced  by  the  Proprietors,  through  a 
misapprehension  of  the  operation  of  an  act  of  Parliament,  and  returned  again  to 
England ;  Jeremiah  Basse  succeeding  him  in  office.  He  was  reinstated  in  ITOO,  and 
continued  nominally  in  power  during  the  excitement  and  confusion  which  marked  the 
close  of  the  Proprietary  Governments.  He,  also,  filled  the  position  of  Governor  of 
"West  Jersey  part  of  the  time  ;  and,  when  he  died,  was,  also,  Lieutenant  Governor  of 
Pennsylvania.  The  Proprietaries  ever  evinced  their  appreciation  of  his  integrity  and 
ability;  and  ihe  chaiacter  of  those  men  who  were  generally  opposed  to  him,  is  addi- 
tional evidence  that  he  was  deserving  of  their  confidence.  Ho  had  one  son,  John, 
who  held,  in  after  years,  several  offices  in  New  Jersey.  When  Governor  Hamilton 
was  in  England,  in  1692,  Thomas  Neale,  who  had  obtained  a  patent  to  establish  post- 
offices  in  the  Colonies,  appointed  him  his  deputy.  On  his  return  to  America,  he 
brought  the  subject  to  the  notice  of  Governor  Fletcher,  of  New  Tork;  and  subse- 
quently the  Legisl.ature  passed  an  act  to  carry  out  the  project  in  that  Province,  and 
for  some  years  before  his  death  Governor  Hamilton  was  Poatm.xstor  General  for  New 
Jersey  and  Pennsjlvania,  and  perhaps  other  of  the  colonies. — "East  Jersey  Under 
the  Proprietary  Government.s,"  2d  Edit.    Eu 


510  XEW   JERSEY   COLONIAL    DOriMKNTS.  [1686 

euijucrv  Into  the  particulars  aftiTuieiitioned,  that  at  his 
retunio  ho  may  l)riiig  with  him  to  us  a  Clear  A:  exact 
account  thereof,  And  ut"  all  and  cvcrv  one  of  them  as  is 
underwritten. 

Imprimis  we  I)<»c  hereby  Authorize  him  to  Call  before 
him,  our  friends  dohn  Ilantoii  ami  .Tolm  lieid  ^  persones 
Jmplojed  by  us  as  overseers  of  the  Stock  of  Nine  hundred 


'  //<T^r.(^,-S^ 


appears  to  have  been  a  book-seller,  in  Ediu- 
liiirgli.  when  selected  by  the  Proprietaries 
to  take  charm'  of  "  party  of  emigrants',  sent 
[      /  V  to  Kast  Jersey  in  Kit':}.     A   nieniorandiiin, 

V/  written  by  himself,  in  the  possession  of  his 

descendants,  gives  the  following  information  respecting  himself  and  family:  His 
father  and  grandfather  before  him  were  gardeners,  and  he  was  born  at  Mildrew 
('astle,  in  the  parisli  of  Kirkliston,  on  the  i:Uli  of  February,  ICJJ  ;  and  when  twelve 
years  old  (1C(>"),  was  bound  apprentice  to  a  wine  merchant  in  Edinburgh.  His 
•'  master"  dying,  ho  returned  to  his  family,  in  KiTU ;  hut  his  father  being  dead,  and 
his  mother  married  again,  he  "went  to  learn  the  art  of  gardening  "  the  ensuing  year, 
seeking  improvement  in  the  "  famous  Hamilton  (Jardens."  At  this  time  he  became 
a  (Quaker.  After  sojourning  a  wliile  at  Drummond,  he  went,  in  Ifi'ti,  to  Lawres,  alias 
Fording ;  where  he  wrote  a  book,  entitled  "The  Scotch  Gardener,"  and,  in  1(>78,  mar- 
ried Margaret,  daughter  of  Henry  Miller,  of  Cashon,  in  the  pari.sh  of  Kirkintiloch. 
She  was  eleven  years  his  senior.  Previous  to  leaving  Scotland  for  New  Jer.sey,  three 
daughters— Anna,  Helen  and  Margaret— were  born  to  them.  They  embarked  at 
Leith  on  the  10th  of  August,  Iti.-i:},  and  pro(^eeded,  the  next  day,  to  Aberdeen; 
whence  they  sailed  on  the  -Jtith,  and  were  "  lauded  on  Staten  Island  the  19th  Decem- 
ber;  went  to  Elizabethtown  the  23d,  and  to  Woodbridgo  the  10th  January,  1684.' 
His  youngest  daughter,  yet  an  infant,  died  on  the  15th,  and  was  buried  at  I'erth 
Amboy  the  next  day;  and,  on  the  IBth,  they  took  up  their  abode  there  in  a  house 
"in  the  field."  His  son,  John,  was  born  there  in  July,  IfiSti.  On  his  arrival,  Mr. 
Reid  became  Dei>uty  Surveyor:  and  an  engraved  map,  drawn  by  him,  of  lands  on  the 
■Raritau,  Millstone,  Kahway  and  South  Kivers.  and  other  localities,  is  in  the  library 
of  the  New  .lersey  Historical  Society.  For  this  map,  he  was  granted  a  tract  ot  land 
in  Monmouth,  named  ''  Hortensia  ;  "  and  the  memorandum,  referred  to  above,  records 
his  removal  thither  in  lt)«(>.  I'p  to  this  time  lie  had  acted  as  clerk  el  the  Amboj- 
(Quaker  meeting.  In  170H,  he  became  connected  with  the  Church  of  England.  In 
that  year  he  was  appointed  .Surveyer  General.  He  died  March  Kith,  n-2;t.  aged  si.xty- 
soven ;  and  his  head-stone  is  still  standing  m  Tojianemus,  near  Freehold.  Mr.  Ileid 
was  repeatedly  elected  a  member  of  the  (ieneral  Assembly,  and  appears  to  have  been 
much  respected.  His  daughter,  Anna,  married  John  Anderson,  who  filled  several 
important  iiositions,  and,  at  the  time  of  his  death,  in  173(),  was  President  of  the  Conn  - 
cil  and  Acting  (iovernor  of  the  Province,  in  coii.se(|uence  of  the  death  of  (Jovernor 
Cosby.  One  of  their  sons  was  named  Kennelli.  His  daughter,  Helen,  married  the 
Kev.  John  Hartow,  of  Westchester.  New  Vork,  and  left  several  children.  His  only 
son,  John,  studied  law  in  the  odico  of  John  Chambers,  one  of  the  .Justices  of  the 
Supreme  Court  of  the  Province  of  New  York,  and  afterward  practiced  at  West 
Chester;  was  Surrogate  of  the  county  from  ITiii)  to  1764,  and  died  at  AVestchester,  in 
1802,  aged  eighty-.sevon,  "beloved  and  respected  by  all. "—'■  East  Jersey  Under  the 
Proprietary  Governments;"  "Letters  from  Morey  JI.  Bartow,'  a  descendant; 
"  Contributions  to  History  of  Perth  Amboy. ''    Eu. 


1686]  INSTKUOTIONS    TO    ANDREW    HAMILTON.  511 

pound  Starling-,  value  in  England  Committed  in  the  year 
16S3  by  lis  to  our  friends  David  Barclay  Merchant  now 
Deseassed  and  by  him  put  Into  their  hands  in  money 
goods,  Corne,  Cattle,  and  servants  for  settleing  a  plantation 
to  our  use,  there  to  be  Informed  by  them  in  the  several  I 
particulars  aftermentioned  &  every  one  of  them,  that  he 
may  bring  unto  us  an  exact  and  true  Account  of  them. 

First  we  doe  Impower  and  authorize  the  said  Capt 
Hamilton  to  Call  for  a  sight  of  our  Instructions — given  by 
us  1688  to  our  said  overseers,  John  Ilanton  and  John 
Reid,  and  to  take  notice  particularly  wherein  our  said  over- 
seers have  observed  them  and  wherein  they  have  neglected 
them  And  to  returne  to  us  a  particular  Account  thereof. 
We  have  here  beside  our  selfs  Coppies  of  our  said  Instruc- 
tions too  Long  here  to  be  repeated,  so  we  referr  him  to  the 
originall  pappers  in  their  owne  hands  And  from  themselfs 
to  send  us  notice  what  is  Done  by  them  in  every  particular 
of  the  said  Instructions,  and  what  is  undone  thereof  with 
the  reasons  of  the  same. 

Item  to  encpiire  what  2>latt  of  ground  they  wer  each  of 
them  setled  upon  and  where  it  lyes,  and  how  many  acres 
it  contains. 

Item  to  receive  from  the  said  John  Reid  a  Map  v£ 
Ground  plat  of  both  tlie  said  plantations  taken  up  by  the 
saids  John  Ilanton  and  John  Reid  as  it  lyetli  and  as  they 
are  bounded.  As  also  to  bring  a  Coppy  of  such  Patent  as  is 
passed  for  all  the  Lands  they  have  on  this  Joynt  Stock, 
And  in  caise  there  be  any  weaknesse  or  Defficiency  in  such 
Grant  or  Grants,  that  he  will  procure  such  further  or  other 
Patents  as  may  legally  and  effectually  intitle  unto  all  such 
Lands. 

Item  to  enquire  into  the  Conveniencys  of  each  Planta- 
tion naturally  in  reference  to  corne  feilds  meddow  grounds, 
wood  [and  water  ^J  with  its  Inconvenien[cies]. 

Item  to  enquire  how  many  servants  wer  at  first  granted 
to  them  with  their  name  [or  names  ^|  ages  ife  Cluiracters  & 
what  stock  of  money  &  goods  Corn  and     ....     of 


.">12  NEW    JIORSEY    CULuMAL    DOCUMENTS.  [1686 

Cattle  siK-li  as  horses,  oxen,  Cows  Swine   ^liee[)   and    the 
lil<(>,  and  liow  inanj  of  each  kind. 

Item  to  enquire  from  our  said  overseers,  and  also  from 
(■iawen  Lawrie  Deputy  Governor  &  sliarer  in  the  said 
stock,  in  wliose  liands,  where,  and  in  what  kind  of  goods 
tlie  rest  of  our  said  stock  not  intrusted  into  the  hands  of 
our  said  overseers  lieth,  and  if  any  of  it  to  be  out  in  Debts 
re|  latjing  to  our  stock  in  whose  hands  such  Debts  are  resting. 

Item  to  enquire  at  tliem  what  value  in  provysions  and 
necessars  was  at  first  put  into  their  liands. 

Item  to  enquire  what  houses  they  have  built  u})on  the 
said  plantations  with  the  number  and  value  of  them. 

Item  to  en(|uire  what  improvement  is  made  upon  their 
said  plantations,  as  what  increase  there  was  yearly  by  the 
Cattle,  and  what  increase  by  the  Corns,  and  liow  it  is  at  this 
Day,  and  what  corn  is  sowen  yearly.  As  of  wheat,  Barly, 
oats,  Indian  corn  or  the  like  and  what  other  to  this  day. 

Item  what  nomber  of  Acres  wer  brought  in  and  manured 
yeaj-ly,  and  what  the  first  year,  and  how  many  are  brought 
in  and  manured  since  yearly,  and  how  many  are  under 
plowing  at  this  day. 

Item  to  enquire  how  much  ground  may  be  expected  to 
be  so  brought  in  and  laboured  During  the  time  of  their 
Indenturs. 

Item  to  enquire  how  the  Increase  of  corne  and  cattle  is 
yearly  Disposed  upon,  and  what  our  stock  is  increased  upon 
that  account  at  this  Day. 

Item  to  enquire  what  Meddow  ground  are  Inclosed  for 
hay  upon  the  said  plantations  and  what  (pumtity  of  hay  is 
nuide  yearly  u])on  them  and  whether  the  CVirne  Feilds 
brought  in  under  Labouring  are  not  also  Inclosed. 

Item  to  examine  and  take  account  of  the  fees  resting  to 
them,  and  to  know  if  they  be  paid,  and  to  appoint  them 
to  pay  themselves  out  of  the  Countrey  Debts  resting  to 
the  said  stock  ;  what  they  are  not  otherwayes  already  paid. 

Item  whereas  James  Keid  and  [*eter  watson,  two  fami- 
lies being  a  })art  of  the  said  stock  were  nevertheless  setled 


1686]  INSTKUCTIOA'S    TO    AMDKKW    HAMII.TOX.  513 

by  theiuisulves  apart  from  -loliii  ILaiiton  iiiid  John  Reid, 
^vc  Doc  also  Iinpower  the  said  Capt  llaniiltou  to  make 
enquiry  after  the  phintatioii  ii})on  which  they  are  settled, 
and  to  gett  f roni  John  licid  a  njai)p  or  Ground  plott  there- 
of Descriveing  how  it  lys  and  how  it  is  bounded. 

Item  to  be  Informed  concerning  this  plantation  and  the 
state  of  it  by  encpiiring  into  the  severall  particulars  whicii 
need  not  here  to  be  re})eated. 

Item  to  enquire  for  24:"'  16^!  2''  sterling  due  to  llobert 
Burnet  of  Lethenty  out  of  the  said  stock  wdiich  he  ad- 
vanced to  David  Barclay  on  the  Acco^  of  y^  said  stock  at 
his  then  goeing  over,  for  which  Kobert  Barclay  of  Urie  & 
Kobert  Gordon  of  Cluney  Drew  a  bill  upon  the  said  David 
Barclay  in  August  Last  for  the  paying  thereof  out  of  that 
stock  to  John  Lainge  that  not  being  a  Debt  Due  personally 
by  the  said  David  Barclay  but  a  Debt  on  the  said  stock, 
therefore  we  recomend  it  to  the  care  of  John  hanton.  and 
John  Reid  to  pay  that  Bill  to  John  Lainge  who  went  over 
to  the  said  })rovince  in  Gap^  Voorse  Ship])  in  August  last 
out  of  that  stock  which  will  be  allowed  to  them  in  their 
Accounts. 

Item  we  doe  Impower  and  Authorize  the  foresaid  Gajit 
Hamilton  to  take  a  generall  Survey  of  that  Avhole  stock, 
in  whatsoever  hands  it  is.  And  to  Consider  the  wdiole  value 
thereof  as  it  is  now  in  their  hands,  and  to  re})ort  to  us  the 
true  state  thereof  with  a  particular  returne  to  these  severall 
proposalls  abovementioned  to  be  enquyred  into  as  is  above 
written. 

Lastly  since  we  are  Informed  that  John  iieid  and  John 
Hanton  have  exchaynged  their  lotts  in  Ambo  point  with 
land  in  the  Cuntrey,  we  Desyre  to  know  from  whose  share 
that  land  in  the  Cuntrey  is  Deduced  and  U[)on  what  termes 
and  of  whonie  they  have  it. 

In  Scotland  Dated  March  26V  1686 

In  London  Dated  June  4"  1686 
RoijT  GoKuoN        Perth         R  Bakci-ay  BobT  Jjuknet 

Meli<>ki>         W"  Dockwra         David  Falconar. 


514         NEW  JERSEY  COLONIAL  DOCUMENTS.       [1686 


77"   Projn'titof'Sj  hi  JinyhduL  to  the  Governor  hikI  ( 'oinicil 
of  E(ut  Jertmj. 

f  Fioiii  :in  ori;4iiial  ulliciul  Copy  aiiioDg  the  ilauuscrii)ts  ol  W.  A.  Wliilihoail.  I 

Tlie  late  Kiiii^  Cliarles  the  second  by  lii.s  Tres  I'ati'iit.- 
iiiuU'i-  the  ureat  seal  granted  to  his  p'sent  MaH*^  then  Duke 
(if  Vfirke  amongst  otlier  things  all  that  tract  of  Land  now 
called  East  new  Jersey  with  all  necessary  powers  of  gov- 
ernment. 

The  Duke  of  York  h\  Indenture  grants  East  new  Jersey 
and  the  governml^  thereof  to  the  Earl  of  Perth  i*c  twenty 
three  otliers  who  liave  granted  many  lesser  parts  to  other 
p'sons.  The  Inhabitants  except  agf  all  the  2i  Proprietors 
&  other  Proprietors  of  small  shares  their  being  Judges, 
Sheriffs  Jnstices  or  Jnrynien  on  any  Criniinall  cases,  which 
can  be  for  no  other  reason  bnt  because  the  forfeitures  and 
lines  redound  to  the  advantage  of  the  Proi^rietors  tfc  in  all 
civill  causes  wherein  all  the  Proprietors  in  generall  or  any 
one  in  ])'ticular  is  interessed. 

(^uae — What  ex})edient  to  obviate  this  Ol)jeetion 

Sol — Not  to  insist  npon  the  dispoticall  power  the  King 
of  England  and  his  assigns  have  in  these  new  accjuisitions 
(because  the  Proprietoi-s  will  govern  by  the  law  of  Eng- 
land) npon  which  the  objection  above  is  grounded,  but 
because  the  Province  has  but  a  few  peo])le  at  p'sent,  and 
these  scattered  up  and  down  in  distant  places  who  cannot 
attend  publi(|ue  alfairs  without  their  great  ])rejudices,  and 
few  of  them  are  (lualliiied  to  execute  the  Offices  of  Judges 
.lustices  or  Sheriffs,  so  that  there  is  a  necessity  of  using  the 
Proprietors  in  these  respective  Offices  or  else  there  would 
often  be  a  failure  of  Justice. 

It  is  proposed. 

1  That  all  forfeitures  lines  and  other  penalties  that 
shall  be  incur'd  by  any  iidiabitants,  or  imjjosed  uj)on  them 
ill  any  Criniinall  case  shall  be  appropriated   to  the  defray- 


1686]       PROPRIETORS  TO  E.  JERSEY  GOV.  AND  COUNCIL.  515 

ing  the  publi(|ue  charges  of  the  Province,  Such  as  Sahiryes 
of  Judges  &c*  building  bridges,  making  highways  etc:  and 
none  of  it  shall  be  brought  into  the  Private  Treasury  to 
be  divided  amongst  them, 

This  is  conceived  to  be  very  reasonable  in  itself  and 
advantagious  to  other  people  Inhabitants  not  Proprietors, 
for  in  all  Capitall  cases  it  is  already  provided  by  tlie  Con- 
stitutions,— that  no  forfeiture  shall  exceed  live  hundred 
pounds  in  y^  wealthest  man  and  so  jjroportionably  in  other 
persons  shall  be  abated  down  to  five  pound,  according  to 
their  severall  degrees  &  estates,  Now  its  not  possible  nor 
ought  to  be  ])resunied  that  any  Proprietor  will  l)e  guilty 
of  so  much  inhumanity  as  to  take  away  the  life  of  any 
p'son  unjustly  for  the  sake  of  a  very  small  part  of  such  a 
forfeiture,  which  will  not  redound  to  the  Projirietors 
advantage  at  all  but  go  in  ease  of  the  Inhal>itants,  who 
must  otherw^ayes  contribute  the  more  to  the  publicpie 
charge  abovementioned  :  the  same  reason  holds  in  lesser 
Crimes  punishable  by  tines  only,  wherein  its  not  to  be 
presumed  Interest  can  byass  any  Proprietor  that  may  be 
Judge  Sheriff,  Justice,  or  Jury  man  to  do  injustice  to  his 
neighbf  when  the  profHt  is  not  his  owne  and  what  he  will 
save  by  it  in  his  Contribntions  to  the  governm!'  w411  be  so 
small  as  not  to  be  worth  the  least  inicpiity. 

Besides  the  punishments  in  lesser  Crimes  may  be  turned 
into  Corporall  ones  or  into  Corporall  or  pecuniary  at  the 
election  of  the  Criminal!. 

In  Civill  causes  tlie  Proprietors  are  not  likely  to  have 
any  controversy  with  the  other  Inhabitants  exce])t  in  those 
eases, 

viz*^ 

1:     Either  for  Quitt  rents, 
2      Or  for  trespasses  done  to  their  generall  ct  pul)li(pie 

Interest, 
3.     Or  for  trespasses  or   breach  of   contract  in    their 
private  &  p'ticular  Interests  of  any  particular 
Proprietore. 


516  NEW    JKK>KV    (iir.o.MAL    I»(M  1MLNI-.  fl'^'^'l 

A!^  tor  Rents  thev  arc  rt'st-rvefl  bv  Patent  and  aj>}tear 
upon  record  what  and  liow  niucli  they  are,  and  the  Kerei\  t-r 
(Tenerall  is  to  give  an  ae([uittance  for  all  that  he  receives 
So  that  is  not  very  jxtssihle  in  this  ease  t'ur  the  Pr()j)rieturs 
to  do  wrong  to  any  Inhabitant,  but  fur  further  ease  tu  the 
Inhabitants  it  is  proposed  that  if  the  Proprietors  are  forced 
at  any  tynie  to  distrain  for  their  arrears  of  rent,  tlie  Party 
distrained  shall  have  a  weeks  tyine  to  Redeem  the  distress, 
and  if  they  do  not  redeem  it  in  that  tyme,  that  then  two 
p'sons  of  the  same  or  the  next  towne  (who  are  not  Pnjprie- 
tors)  shall  sell  the  distress  and  pay  the  Proprietors  and 
restore  the  residue  to  the  p'son  distrained  upon, 

2  Trespasses  ag!'  the  Proprietors  in  their  Juynt  and 
publick  Interest,  are  like  to  happen  so  seldoine,  that  it  is 
scarce  wortli  any  provision  ag|  them,  but  however  in  such 
cases  it  is  props'd  that  the  two  thii-ds  at  least  of  the  Jury 
be  Iidiabitants  not  interessed  in  any  Pro{)riety. 

3  In  trespasses  or  breach  of  Contract  to  or  with  any 
Pro])riet''  in  his  pi'ivate  Interest,  it  can  be  no  objection 
that  any  other  of  the  Proprietors  are  Judges  Sheriffs  or 
Jurymen,  for  y*^  event  of  the  cause  is  of  no  Conse(juencc 
to  the  rest  of  the  Proprietors,  A:  the  Proprietors  may  as 
well  Insist  that  no  Inhabitant  should  be  either  Judge, 
Sheriff,  or  Juryman  wliere  a  Proprietor  is  co?icerned,  a^ 
the  Inhabitants  may  object  ag!  them  where  an  Iidialiitant 
is  Concerne»l,  A:  so  no  Justice  shall  be  admitted  at  all. 

liesides  the  Proj^rietors  ai-e  mostly  strangers  to  one 
anothei",  linked  only  in  their  i)ubli(pie  Interest,  but  wholly 
disunited  in  their  private  one  ;  vV'  we  ought  not  to  think 
so  dishonourably  of  humane  natui-e  as  to  believe  all  men 
to  be  knaves;  l)ut  rather  encourage  men  to  integrity  by 
professing  a  handsom  opinion  of  those  we  have  to  converse 
with 

The  Proj)rietors  have  ordered  this  paper  to  be  Sent  to 
the  (^ov""  iS:  Counrijj  In  Kast  .lei'sey  In  America 

I>ond"  14"  . I  line  anno  I»IS»» 

Wii.i..  Dot  KUKA  Aitent 


KlSOl  LINE    IJKTWKKN    KAsT    AXD    WEST   JERSEY. 


Mi/lilies   of   Coiinr'/I^    II (hi   ill    Xctn     Yoi'l.,    Juhlfli'^'   lo  flif 
J. nil-   lit'1'ini en    /'.(Isl  (tn<J    11  V.s-^  Jcffou/. 

I  Fioiii  u  rinlilicd  ('(ii)\  ill  the   Miliary  ol'  the  New  .Jersey  Histdiical  Sdiicly:   I'lijiein 
<j|  K.  .J.  I'aii-.  ('.  p.  :n.| 

At  a  (youxciL  li('I<l    ill    l-'ort   .lames   in    .\V//-    )'(irl.-  Juik-; 

P"SK.\T 

'I'lio  (iovernoiir  ]Vf  ffr  ti1y])S(!]i 
J.  Sj)ra_i(gc  Capt.  L.  Laiitin  M'.'  Nicli!  ]kyanl  (iawcn 
Lawrie  Es(|r  Dep  Govern'  of  East  New  Jersey,  <Sc  Joliii 
Skene  Esqf  .De]i  Govern''  of  West  New  Jersey,  (with 
several  Gentlemen,  of  both  Governm^"  in  their  Conij)any) 
ae.qiiainted  the  Hon'oble  Coll  Thomas  Donovan,  his  Ma"'.''* 
Lieu"^  and  Govei'n'  of  New  York  and  its  dependences,  w*^'' 
their  Inf/'ntioti'.s,  to  Run  tiic  J^ines  of  the  thvpe  (Toverni'." 
'\\\  which  he  (isM'tited.,  and  J^rojioxal^  tf)  them,  that  the 
nioxi  JSorilu'rlii  branch  of  Delaware  River,  according-  to 
the  Patent,  should,  lirst,  be  a<i'i-eed  ui)on,  and  fixed  ;  ihat 
iho  first  (1(1  ij  of  S<'j)t<'iiih('r^  next  after  the  date  hereof  be  tlu.' 
day  appointed  for  the  Surveyors  to  meet,  at  the  Falls  of 
J)elaware  Rixer,  tV  that  which  is  the  most  Northei'ly 
I'ranch  (»f  Delaware  River  (if  any  (Jonti'o\ei'sie  arise  about 
it,)  be  determined,  by  the  Vote  of  two  of  these  three  Sur- 
A'eyor,  Gec^rge  Keith, ^  Andrew  Robinson  h  PJiillip  Wells; 
that  wiiat  is  concluded,  by  two  of  the  said  Surveyors,  to 
be  the  Limits  and  iKiunds  of  tlu^  />  (i(»venii"',  be  so  deemed 


1  Geouoe  Keith.  subMequeiitly  of  cousideralile  note  as  a  promiueDt  Quaker,  a 
niisHiouary  of  theEiiKlisli  Chiircli  and  writer,  arrived  in  East  Jersey  in  Ifiri5;  having 
been  aiipniiited  Surveyor  (jleiieral  of  the  l'rovin<e  tiy  the  I'roprietors  in  Siotlaud. 
Ue  did  not  enter  upon  his  dutieH,  however,  iinlil  some  time  after  li is  arrival.  Jt  \n 
thought  that  hisacijuaintance  willi  the  Sculcli  frojirietors  grew  out  of  the  fact  that, 
in  16d3,  he  was  in  eliarge  of  a  school  which  a  sou  of  lioheit  Barchty  attended.  He 
lau  the  division  line  between  East  and  West  Jersey  iu  lti87  ;  but  two  years  afteiward 
removed  to  I'enusylvania,  and  accepted  the  superintendence  of  a  school  in  I'hila 
delphla,  and  soon  became  eminent,  both  us  a  jireacher  and  writer,  among  the  (Quakers  : 
leading  to  the  assumption  of  the  post  of  leader,  and  the  creation  of  a  party  which 
brought  about  great  divisions  and  bitterness  in  a  before  united  body.  His  course 
was  publicly  denounced  at  a  meeting  of  ministers  in  Philadelphia  in  169'^:  but  their 


518  NEAV    JERSEY    COLONIAL    DOCUMENTS.  [ICt^V) 

he  so  dceined  and  reputed  ;  ik  the  Sui-veyur  to  iri\e  in  tlieir 
Ke])orts  nnder  their  liands. 

All  wliieh  Avas  agreed  upon,  vt^  concluded 


Instriictimis  from  the  Council,  at  Neio    Yoi'l\  to  PJi'il'ip 
Welh,  Surveyor,  Itelative  to  the  Line  Between  New 

Yorlx  (111(1  Eaxt  Jeri<ey. 

[Pioiii  aceitilied  Copy  in  the  Library  of  the  New  Jersey  Historical  Society;  Papers  of 
F.  J.  Paris,  A,  p  (15.] 

At  a  Council  Sept  y'^  V}  insC) 

P'sent  M'"  Stepli  V.  Corthindt  the  (Tovcrnu'  M''  X. 
Bayard  Major  G  Baxter  J.  Spragge 

The  following  Instructions  were  given  to  Phillip  AVells 
Escpiire  Surveyor  of  his  MaM'."  Province  of  New  York. 
You  are  carefully  and  with  exactness  to  run  the  line  be- 
tween this  Province  and  that  of  East  Jersey  beginning  in 
the  Latitude  of  41  d:  and  forty  m.  upon  Delaware  River. 

that  being  done  you  are  to  make  the  best  mark  you  are 
ablt;  where  the  bounds  of  the  Governm^  fall  and  to  give  a 
l)ractical  i-epctrt  thereof  under  the  hands  of  your  self  and 
the  other  Surveyors  concerned  with  as  much  Sin-ed  as 
conveniently  may  be  into  tlu'.  Secretary's  otHce.  And 
because  it  is  very  re<|uisite  to  know  the  nature  of  the  Soyl 
you  are  also  to  take  notice  of  and  observe  the  nature  of  the 
Country^  and  to  give  me  a  discription  of  it  (liven  under 
my  hand  at  Fort  James  in  New  York  this  1**'  day  of  Sej)- 
teniber  1(58(5 

To  Phillip  Wells  Esquire 

Surveyor  General  of  liis  Ma"*^*  Province  of  N.  York 

nc.tiou  liad  no  elVfct  111)011  liim.  Ho  contiiiiicil  preaching  antl  writin-;  in  support  of  liis 
views  uuiil  KJ'.M,  when  lie  rcturneil  to  Kiijihintl ;  and  soon  after,  altlioui;h  ho  let-iiiued 
a  cousidenihle  iinniher  of  adherents,  be  ah.jiired  the  doctrines  of  the  (Quakers,  and 
became  a  zealous  clerj^yinaii  of  the  estaldished  (Hiurcli  of  Kn;;land.  Ho  retiirne<l  Id 
America,  in  17(12,  as  a  missionary  from  the  Society  for  the  Propagation  of  the  (iositel, 
i<!ceivinj;  an  allowance  of  X.-XW  per  aniiinn.  lie  preached  in  all  the  (Jolonics.  fioin 
Massachusetts  to  North  Carolina;  several  places  in  New  Jer.sey  jnolitin;;  by  his 
ministrations.  Mr.  Keith  eventually  returned  to  Kiisland,  hy  way  of  Virginia,  and 
received  a  bciietice  in  Sus.sex,  where  he  died;  continnin<^  until  bis  death  to  write 
Hgiiinat  the  doctrines  of  the  Quakers.  See  "  (,'oulributious  to  the  Early  History  of 
Perth  Aniboy,'^  &c.,  j).  Iti,  for  a  notice  of  bini,  and  for  references  to  other  works  that 
allude  to  the  events  of  bis  life.     El). 


lOSG]  LmE    BETWEEN    EAST    AND    WEST   JEfeSEY.  519 


Agreement  Betioeen  the  Governor!^  of  Ead  and  We  fit 
Jersey  to  SuJmiit  the  Dividivr/  Line  of  the  Prorincex 
to  Arlritration. 

[From  a  Coi)y  iu  the  Library  of  the  Ni^w  Jersey  IliMtoricnl  Society  :  P,ai)prs  of  F.  J. 

I'arig,  C,  p.  47.] 

Snl)^nissi(>ii   of  the   Line   between   East   and  AVest 
Jersey  to  Arbitrators.^ 
To  ALL  to  whom    These  presents  Shall  Come,  Robert 
Barclay  Governor  and  Proprietor  And  other  Tlie  Propie- 
tors  of  FMst  NeiD  Jersey  in  America  and  Edward  Pjdljnge 
Governor  and  proprietary  of  West  Neio  Jersey  in  Amei-ica 
Send  Greeting   WJiereefs  The  Said  provinces  of  East  and 
West  JSTew  Jersey  Lye  Contignons  to  each  other,  and  The 
true  Bounds  of  Either  are  not  yet  fully  known,  whereby 
The  Ldiabitants  of  the  Said  Respective  provinces  are,  or 
may  be,  prejudiced  in  Their  Settlements,  and  The  Respec- 
tive Governors  Thereof  be  in  doubt,  how  far  Their  Juris- 
dictions extends  N'oio  Knovi  ye  That  for  Remedy  of  the 
Inconveniencies  above  mentioned  and  of  all  other  difficul- 
ties that  may  arise  by  reason  of  The  uncertainty  of  the 
Just  Limitts  of  both  the  said  provinces  a  Division  shall  he 
wade  of  the  said  provinces  by  Meithes  and  Bounds  at  the 
Equal  Charge  of  Both  The  Said  provinces.  And  to  tlint 
End  Do  here  by  order  and  Direct  The  Respectiv^e  Deputy 
Governors    for    The  Time   being   of   the   Said    provinces 
Respectively  to  Nominate  and  appoint  within  one  month 
next  after  Their  receipt  of  these  presents,  or  as  soon  after 
as  may  be  Three  persons  or  more  not  exceeding  five,  Being 
Lihabitants  of  Each  province  whereof  The  Surveyor  Gen- 
eral of  each  province  or  their  deputys  Shall  be  two,  and 
Three   ])ersons  of  each  province  at  least  Shall  be  ])resent 
for  The  making  Such  divisions,  and  That  Tiie  persons  So 
to  be  Nominated  Shall  as  Soon  as  they  can  proceed  to 

1    Recorded  in  "  East  Jersey  Records,"  Liber  B,  p.  52. 


rt2<i  \r,\v  .n-'.RsF.Y  coT.oxiAi.  ixkimknt?.  [lOsO 

luake  ;is  e(|iuil  :i  I)i\i>iuii  ot"  the  Said  pruNiiiees  as  tliuy 
Can  according  to  tlic  J>ost  of  tlieii'  Judgment  and  Skill, 
and  That  whci'o  it  may  he  Conveniently  done  Thoy  Shall 
make  Rivers  and  other  tlie  most  Notorious  places  The 
rMiiiiidaries  of  eaeli  |)i'o\iii(H'.  and  if  any  disadvantage  in 
(juantity  of  Land  in  The  Judgement  of  the  persons  appointed 
to  make  Sneli  Division,  arise  to  either  province  by  reason 
of  making  Itivers  or  other  Remarkable  places  tlie  Uonnd- 
aries  tliiTcot',  'i'lie  ])ersons  who  Shall  make  Such  di\ision 
Shall  have  ]tower  and  are  hei'eby  Authorized  to  ai)jioiiit 
Such  a  Compensati(»n  in  Land,  to  Such  ]>i'ovince  which 
hatli  Tli(!  Disadvantage  as  may  be  Consistent  witli  The 
])reservation  of  the  Division  That  Shall  be  made  by  Them. 
A  ltd  TJk  Siiid  fToiwniors;  and  proprietors  do  hei'eby  fur- 
ther oi-(h'i-  and  dii-ect  The  persons  appointed  to  make  Such 
division  Shall  make  an  Exact  renort  thereof  to  The  Said 
(Governors  and  Pi-o]n-ietors  foi-thwith  after  it  is  adjusted, 
to  The  End  Such  an  Effectual  IMethod  may  be  taken  as  is 
])i'oper  for  ('onfirnung  and  ])erpetnating  the  Same  for  the 
])eace  and  welfare  of  I'oth  the  Said  provinces.  ///  iritnt'ns 
whereof  The  Govei-nor  and  proprietors  of  East  New  Jersey 
have  to  These  presents  Sett  The  Seal  of  their  province, 
and  The  said  (Governor  of  West  New  Jersey  hath  Si'tt  his 
hand  and  Seal  This  fovrici'iiih  <hn/  of  Stpteiiilxr  iti  The 
Second  ^'ear  of  the  Reign  <»f  oui-  Sovei'i'ign  Lord  King 
James  the  Second,  and  in  'i'he  ^'ear  of  our  Loi-d  ( )iie 
Thousand  six  hundi'e(l  and  h"niJifi/  aiuJ  S',.r 

En:  ]ivi.i.v.\(;K 


1 'list I '/nil    iif'  ijir     F<iftl/-p'rsf    Dtijri'c    of    Xoi-f/i     L<(tliil</,-    nil 

1 1  iti1siiii\    liiri  I'. 

I  Knmi  :i  ii-rl ilicd  Coiiv  in  tin'  l.iliiaiy  of  tlii'  New  .Iit.hi'v  nlstoiic;)!  Societv  :   I'ii|i('r« 
111'  F.  J.  Fnris.  A,  p.  (Ui.  | 

Rkcoi;i)i:i)  the  llH'  of  Xovend/  ir>s6. 

IJv   two  Sundry  oltservations  of  the  v^unns   Mei'idionall 
Altitude   made   the   eiglith   and   twenty  ninth   days  of  Sep- 


KISG]        LINE  T.KTWKKN  NEW  YORK  AND  NEW  .TERjiKV.  r»21 

teinber  One  thoustuid  six  liundred  eighty  Six  it  appeared 
and  Avas  manifest  to  Pliillip  Wells  George  Keetli  and  my 
self  observers  that  tlie  fonrtieth  and  one  degree  of  Northern 
latitnde  upon  Hndsons  Ri\'er  is  one  minute  and  twenty 
five  Seconds  to  the  Nortliwards  of  Yonnckers  Milne  and 
so  falls  npon  the  high  Clifts  of  the  Point  of  Tapaan  on  the 
West  side  of  said  River  Witnesse  our  hands  hereunto 
putt 

Andrew  TIobesox 
PniLLir  Weles 


Criiijicdte    of    (iorcmor    Mori'h^    Relative    to    the    Line 
Bet/ireen  JVew    York  and  New  Jerneij} 

|Fiom  a  certitied  Copy  iu  the  Library  of  tlie  New  Jersey  Historical  Society:  Papeii 
ofF.  .1.  Paris.  B.  p.  81.] 

Governor  Morris'  Proof  of  Agreemeut  to  Line 

By  His  Excellency  Lewis  Morris  Esq''  Captain  Gen- 
eral and  Governor  in  Chief  of  his  Majesty's  Province  of 
New  Jersey  and  Territories  thereon  Depending  iu  America 
and  Vice  Admiral  in  the  Same  etc  I  Do  hereby  Certify 
that  some  Time  in  or  about  as  I  Believe  the  year  1085,  or 
1686,  Coll?  Thomas  Dongan  then  Governor  of  New  York 
with  some  of  tlie  Gentlemen  of  the  Council  of  New  York 
and  others  met  with  Gawen  Lawry,  then  Governor  of 
New  Jersey  with  some  of  the  Gentlemen  of  the  Council 
of  New  Jersey  and  others  at  a  Place  nigli  which  stood 
afterwards  the  House  of  Coll"  William  Merrett  <>n  tlie 
West  Side  of  Hudsons  River  where  an  Observation  was 
then  made  of  the  Latitude  and  mark'd  with  a  i^en  Knife 
on  a  Beech-Tree  standing  by  a  small  Run  or  S})ring  of 
Water  that  Run  down  on  the  North  Side  of  the  Place 
where  I  think  Merrett's  House  afterwards  stood.  Some- 
time Early  in  the  Begining  of  the  year  1691.  1  Went  and 


1  This  (locumeiit  is  without  (lute,  auil  probably  was  not  executed  until  about  17-15. 
It  is  here  inserted,  a.s  it  refers  to  an  event,  occurring  in  1685  or  1G8U.     Ed. 


522  NEW   JERSEY   COI,o>flAL    DOCtMENTS.  [1687 

Itcinurk'd  tlie  s;iid  Tree  but  do  not  Reiiiember  what  was 
the  Latitude  that  was  mark'd  thercoii.  Tliey  went  after- 
wai-ds  to  a  House  to  the  South wai-il  of  a  Phice  Call'd 
Ver(h"ieti<^e  Hook  andfn»ni  tlicnce  Southerly  to  a  Farniar's 
House  to  tlie  Northward  of  the  Tapan  Meadow  at  tlie 
Bottom  of  tlie  Bay,  I  cannot  particularly  Remember 
whether  Observations  was  inadc  at  one  or  Ixith  these 
Bhices — l)ut  I  was  told  They  tliore  did  A<^ree  that  the 
Mouth  of  Tapan  Creek  should  be  the  Point  of  Partition 
on  Hudsons  Kiver — between,  the  Province  of  New  Yoik 
and  that  of  New  Jersey. 

Lewis  Morris. 


OhrKjat'ion    of  iJie   Depitlij    Gorernoi'  (iu(J  J^riqtf'ieiorK  of 
Wed   Jersey  to  Abide   hij  the  l)vhfinin((t't<»\   e>f  the 
Arhitrators  on  the  Division  Line. 

[From  a  Copy  in  tlio  Lilir:iiy  <>r  the  Now  Jersoy  Historical  Society;  PajuMs  of  F.  J. 
Paris,  C,  p.  48.] 

()] (ligation   of  AVest  Jersey  i\utli(>rities 

Know  all  ]\ikn  by  These  ])resents  That  wee  John 
Skein  Deputy  Governor  of  AV^est  Jersey,  Samuel  Jennings, 
Thomas  Olive,  George  Hutchinson,  IVFahlon  Stacy,  Thomas 
i^aiubert  and  J()se2)h  Pope,  All  Proprietors  and  Inhabit- 
ants of  the  Said  Province  Acknowledge  onr  selves  to  be 
well  and  firmly  Bound  to  pay  unto  the  Lord  Neill  Camp- 
ble  (lovcrnor  of  East  Jersey,  aiul  Captain  Andrew  Hamil- 
ton and  John  Campble  Proprietors  and  iiiliabitants  of  the 
Said  ])rovince  The  Sum  f>f  tivt^  Thousand  pounds  of  Law- 
full  money  of  These  jirovinces.  I.\  AVftness  whereof  we 
hax'c  liei'cunto  put  oui'  liands  and  Seals  This  Eight  (hiy  of 
'J'he  Eleveiith  iMontli  conunoidy  called  January  One  Thou- 
sand Si.v  hundred  I'^ighty  Six,'  J>eijig  The  Second  year  of 
King  James  the  Second  of  Great  ]>ritain  and  L'eland  &c. 

TuE  CoN'DiTioN  of  this  Obligation  is  Such  That  Whereas 
There  having  been  Several  Meetings  J'etwixt  diverse  of 

1  l(j^6-7.     Tliisdocunieiit  isrccoldeil  in  Liber  B,  "  Ea.st  .Ifi-scy  llet'orils."  p.  53.     ED. 


1687]  ARBIfRAfOES    TO    DIVIDE   TIlE    rROVINCE.  523 

tlie  Proprietors  of  East  and  West  Jersey  in  order  to  rnn 
The  Line  of  Division  Betwixt  the  said  provinces,  but  not 
agreeing  upon  the  Stations  from  whicli  the  Said  Line  was 
to  Extend,  it  was  by  a  mutual  Consert  of  the  parties  above 
mentioned  agreed  to  referr  the  whole  matter  in  difference 
[and  That  without  regard  to  any  former  Acts  or  deeds 
touching  The  Said  partition  Line]  to  be  determined  by 
William  Emlcy  and  John  Reid,  And  in  Case  They  two 
Cannot  agree  upon  it  Themselves,  That  Then  Tlie  Said 
William  Emloy  and  John  Reid  Should  have  full  power  to 
Chuse  and  appoint  an  umpire  to  determine  The  Same,  If 
Tlierefm^e  the  said  John  Skein,  Samuel  Jennings,  Thomas 
Olivee,  George  Hutchinson  Mahlon  Stacy,  Thomas  Lam- 
bert and  Joseph  Pope  do  Stand  to  and  abide  by  The  deter- 
mination of  The  Said  William  Emley  and  John  Reid,  or 
in  want  of  Their  determination  Then  to  Stand  to  and  al>ide 
by  The  Determination  of  The  Said  Umpire  they  Shall 
Chuse  and  appoint  That  Then  This  Obligation  to  be  Void 
and  of  non  Eifect  or  else  to  remaine  and  be  in  full  force 
and  Vertue,  Memorandum.  That  the  words  on  The  Margine 
(and  That  without  regard  to  any  Acts  or  deeds  touching 
the  Said  partition  Line)  was  wi'itten,  before  the  Signing 
Sealing  and  Delivery  hereof — 

John  Skein,  Samuel  Jennings, 

Thomas  Olive,  Geokoe  Hutchinson, 

Mahlon  Staov,  Thomas  Lamih;rt, 

Joseph  Pope 

Signed  Sealed  and  delivered  in  the  Presence  of  us 

LIenry  Greenland, 
Wm.  Mount. 


Award  of  John    Ite'id  and   W'dliain    Kndcij^  Appo'tnifd  to 
Settle  the  Line  Between  East  and.  West  Jerxey. 

I  From  "  East  Jersey  Records,"  Vol.  C.,  p.  1H7.] 

Whereas  the  Governours  &  proprietors   of   East   and 
West  Jersey  has  wholly  referred  y*^  division  lyne  of  y''  two 


r»24  NKW    .lERSFA-    COLONIAL    IKX  IMKNTS.  [l^ST 

])roviiic(.'s  to  us  (as  by  tlicir  l)i)nd>  dotli  appeal-)  1'liat  is  to 
say  given  us  full  powoi-  to  i-iiiiii  y'  Same  as  wee  tliiuk  iitt. 
Therefore  wee  (l(t  hereby  declare  that  it  ^h;lll  iiinu  frciin 
y'"  north  side  of  y''  mouth  or  Inlett  of  y"  heacii  of  little 
Egg  Harbor  on  a  strcight  lyne  to  Delaware  I'iver  noi-th 
north  west  and  fifty  minutes  more  westerly  accoi-diiig  to 
naturall  j)osition  iS:  not  according  to  y*"  magnet  wlutse 
variation  is  nine  degi'ees  Avestward.' 

Witness  our  haiuls  this  Eight  day  of -lanuaiT  l*i^'^ 

Jon.N    Kill) 

AVir.I.IAM     I'^MI.KV 


Goi't  I'iinr  J )(>ri(i(iii'--i  Ii(j>(iii  (in  ihe  Sfafi  of  iJn    J*rinui(fi  of 
New  Yorl-,  dc 

llMoiii  "New  Voik  Colonial   Oiiciuncnts,  "  Nol.   1 1 L.  i'- :<•■"!'•) 

[Extract. I 


Mv    LoUDS 


And  as  for  East  Jersey  it  being  situate  on  tlie  other  side 
of  lludsons  Kiver  tfe  between  us  and  where  the  lixcr  disem- 
bogues itself  into  the  sea  ;  ]>aying  m»e  Custom  A:  having 
likewise,  the  advantage  of  having;  better  land  iV  nutst  of 
the  Settlers  there  out  of  this  Govern""  AVee  are  like  to  bt-e 
deserted  by  a  great  many  of  oiir  ]\[erchants  whoe  inteml  to 
settle  thei'e  if  not  annexed  to  this  (xovernment 

J.ast  yeai'  two  ortbree  shij)s  came  in  thei-e  with  goods  ».V 
1  am  sure  tliat  that  Country  camiot.  iioe  not  with  tlii'  hel|) 
of  West  tiei'sey  consume  one  thousand  1h  in  goods  in  two 
years  soe  that  the  ivst  of  these  (ioods  must  \\w\e,  been  run 


1  James  Alexilmlor,  in  some  notes  in  piiperw  ol'  Kerdinand  John  Paris,  in  the  library 
<»r  the  New  Jersey  Histoiical  Society,  C,  i>.  4-1,  alludes  to  fliis  award  as  heinjj  "  a  thiufj 
very  ridiculous  in  ilselJ',  when  the  ijuintipartite  deed  was  in  force.  It  occa.iioued 
much  confusion  in  New  Jersey,  till  the  New  Jersoy  Act  of  1718  rectitied  all.  .  . 
Km  tho"  it  was  so  awarded  aud  run  by  Oeorfje  Keith  from  ICg^harbour  to  Jvliii  Dvbie's 
|on  a  br.iuch  oltlie  Karitan,]  yet  it  was  never  run  fuilhei'  and  was  clamoured  a<j;aiu3t 
atoucu  by  West  Jersey   with  very  good  reason."     El>. 


1687]   RELATIONS  BE'nVEEN  N.   YOKK  AND  N.  JERSEY.      525 

into  this  Govern""  without  paviiii;'  his  JMaf**  Customs,  and 
indeed  theres  no  possibility  of  preventing"  it. 

And  as  for  Bea\x'r  and  Peltiy  its  inij)ossible  to  liinder 
its  being-  carried  tlnther,  the  Indians  vahie  not  the  length 
of  their  -loiirney  soe  as  they  can  come  to  a  good  market 
which  those  people  can  better  afford  them  than  wee,  thev 
paying  noe  Custom  nor  Excise  inwards  or  outwards. 

An  other  inconveniency  l)y  the  Governments  remaining 
as  it  does  is  that  privateers  and  others  can  come  within 
Sandy  Hook  and  take  what  Provisions  and  Goods  they 
please  from  that  Side.  Alsoe  very  often  shipps  bound  to 
this  place  break  bulk  there  eV:  run  their  Goods  into  that 
Colony  with  intent  afterwards  to  import  the  same  pri\'atelv 
&  at  more  leisure  into  this  Province  notwithstanding  their 
Oath,  they  salving  themselves  with  this  evasion  that  that 
place  is  not  in  this  Government — To-day  an  Interloper 
landed  five  Tun  and  one  half  of  teeth  there.  To  jjrevent 
all  whicli  inconveniences  and  for  the  securing  of  this  place 
from  Enemys,  I  desire  to  have  an  order  to  make  up  a  small 
Fort  with  twelve  guns  upon  Sandy  Hook  the  Channell 
there  being  soe  near  the  shore  that  noe  vessel  can  goe  in 
nor  out  but  she  must  come  soe  near  the  Point  that  froni  on 
board  one  might  toss  a  biscuit  Cake  on  Shore 

If  the  Proprietors  would  rightl}^  consider  it,  they  would 
find  it  their  own  Interest  that  that  place  should  bee  an- 
nexed to  this  Government  for  they  are  at  a  greater  charge 
for  maintaining  the  present  Governm'^  than  the  whole 
Profits  of  the  Province  (which  is  by  (juit  Ilents)  will 
amount  unto  ;  for  they  are  at  the  whole  Charge,  the  Coun- 
try allowing  nothing  towards  its  support  soe  that  had  they 
not  the  charge  of  the  Governm'  they  might  put  that  money 
into  their  own  pockets 

And  indeed  to  make  And)oy  a  port  will  be  no  less 
inconvenient  for  the  reasons  afore  mentioned  neighbouring 
Colonys  being  not  come  to  that  p'fection  but  that  one  i^)rt 
may  sutiiciently  serve  us  all 

We  in   this  Government  look   ii[)(»n  that   I'ay   that  I'uns 


526  NEW    .IKRSKY    CCiLONIAL    DOCUMENTS.  [1687 

into  tlu' Sc'ii  at  Sauily  Jlook  to  hre  llud-^oiis  Jvivcr,  tht-ro- 
foi-c  tlieru  Itc'iiii;- a  clause  in  my  Instructions  directing  iiiee 
that  1  cause  all  vessels  that  come  into  Iludsons  River  to 
Kilter  at  Xew  York,  I  desire  to  kiiow  whetlier  his  Mat^ 
intends  thereby  those  Vessels  that  come  withiu  Saudy- 
IJook,  the  people  of  Kast  Jersey  })retendin£:;  ti  I'ight  to  the 
River  soe  farr  as  their  l*rovince  extends  which  is  eighteen 
miles  up  the  River  to  the  Northward  of  this  Place. 

West  Jersey  remaining  as  it  does  will  be  noe  less  incon- 
venient to  this  Government  for  the  same  reasons  as  East 
Jersey,  tliey  both  making  but  one  jS'eck  of  Land  and  that 
soe  near  situate  to  us  that  its  metre  for  their  convenience 
to  have  commerce  here  than  any  wheix'  else,  c^'  under  these 
cii'cumstanccs  that  if  there  were  a  Warr  either  with  Chris- 
tians or  Indians  they  would  not  bee  able  to  defend  them- 
selves without  the  assistance  of  this  Governm! 

To  bee  short,  there  is  an  absolute  necessity  these  Prov- 
inces and  that  of  Connecticut  bee  annexed 


The  Correspondence  wee  hold  with  our  Neighbours  is 
very  amicable  &  good  Wee  on  all  occasions  doing  each 
other  all  the  ofHces  of  Friendship  ifc  Service  wee  can,  which 
has  so  much  endeared  them  to  us  that  they  desire  nothing 
more  than  to  be  a  part  t»f  this  Government,  those  of  Con- 
necticut choosing  farr  rather  to  come  under  this  Gover- 
iiicnt  tliau  that  i»f  Hoston,  for  the  I'easons  aforementioned; 
and  the  Jerseys  wislr'  the  like  as  having  once  being  a  part 
of  us.  And  seeing  that  in  this  se})aration,  they  are  not 
soe  easy  or  safe,  as  they  might  expect  to  bee,  were  they 
reunited  to  us. 

concerning  a  farm  at  Kast  Jersey  belonging  to  his  Ma'*'  S:t' 
M""  Santen  might  have  given  a  better  account  of  this  if  his 
malice  had  suffered  him.  The  Farm  at  East  Jersey  paid 
ten  pounds  l*""  annum  to  his  Ma'^  and  at  a  Rack  rent,  the 
proprietors  of  East  Jersey  ])utting  us  to  more  trouble  than 


1687]       KELATIONS  BETWEEM  N.  YORK  AND  N.  JERSEY.  527 

the  value  of  it,  they  constantly  disturl)ing  the  Tenants  on 
pretence  that  his  Ma'-^  had  ii;ranted  that  to  them,  soe  that 
I  conclude  it  would  be  more  inconvenient  to  keep  it  than 
part  with  it — Therefore  Judge  Palmer  having  an  interest  in 
East  Jersey  6c  an  intlnenee  upon  the  Governor  there,  on 
his  giving  mee  his  obligation  to  pay  as  a  fine  the  suinm  of 
Sixty  pounds  to  the  King  in  case  hee  should  not  think  fit 
to  forgive  it  A:  the  rent  of  twenty  shilling  p''  annum  vfc  to 
defend  the  Title,  I  gave  him  a  lease  of  the  Reversion  of  it^ 

[Feb.  '22,  1687.] 


1  This  I'aiiu  belonged  to  the  Dutch  West  luiliii  Company  ;  and,  after  the  reduction 
of  the  country  by  the  English,  went  by  the  name  of  "the  Duke's  Farm."  It  was  at 
Ahasimus,  opposite  the  city  of  New  York.  The  lease  to  Palmer  was  for  ninety  niue 
years,  and  ia  in  the  Secretary  of  State's  otiice,  at  Albany,  in  Book  of  Deeds,  VII., 
]).  llO.—Bi:  O'CuUa'jhait.    Eu. 


[Note  for  page  528. 


2  AuKNT  So.NJiAXis  was  one  of  the  first  twelve  Proprietors  of  East  Jersey.  He 
was  a  Hollander  by  birth  ;  but  when  introduced  to  our  notice  was  a  resident  of 
'•  Wallingford,  Scotland."  On  becoming  interested  in  East  Jersey,  ho  intended  visit- 
ing the  Province  ;  but  on  his  way  from  London  to  Holland,  in  August,  1()83,  in  cora- 
))auy  with  Governor  Barclay,  when  passing  thiouj;h  lluuterdonsliire,  he  was  shot  by  a 
liighwayman.  and  was  buried  in  Friends'  Buiial  Oround,  lliuton.  He  left  a  wife 
(Fiances  Hancock)  and  three  children, — Peter,  who  came  to  East  .fersciy,  and  became 
a  person  of  considerable  notoriety  ;  Rachel,  the  wife  of  Joseph  Ormston,  and  Joanna, 
wife  of  Joseph  Wright.  The  Sonmaus'  interest  in  the  Province  became  larger  than 
that  of  any  Proprietary;  equaling,  in  1687,  live  and  a  (juarter  Proprieties. — Smith's 
•' New  Jersey,"  p.  425;  Whitehead's  "Amboy,"  p.  IG  ;  "  East  Jersey  Under  the  Pro- 
prietary Governments,"  2d  Edit.,  p.  175.    Eo. 


\Nole  for  iKirje  52'J.J 

1  Samuel  Guoom  came  to  East  Jersey  in  1682,  accompanying  Deputy  Governor 
Itudyard,  as  Surveyor  and  Receiver  General.  He  is  styled  "  Mariner  of  Stepney," 
and  is  tirst  numiioned,  in  connection  with  America,  as  being  in  command  of  a  vessel  of 
his  own,  that  was  at  some  port  in  Maryland  in  1676.  His  touching  at  West  Jersey,  on 
his  way  back  to  England,  was  probably  the  cause  of  his  becoming  connected  with  the 
East  Jersey  Proprietors.  His  letters,  preserved  in  "Scot's  Model,"  indicates  tliat  he 
was  mucli  pleased  with  the  Province.  He  died  in  1083,  leaving  on  the  stocks  at  Perth 
Amboy,  unfinished,  the  first  vessel  known  to  have  been  built  in  East  Jersey.  His 
propriet:iry  right  was  transferred  to  William  Dockwra  in  July  of  the  .same  year.— 
"  East  Jersey  Under  the  I'roprietary  Governments."    Ei>. 


528 


NEW    .IKKSEV    COLONIAL    IxtCl'MENTi 


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1687] 


EAST   JERSEY    PR0PRIET0K8    IN    1687. 


529 


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NEW    .TERBEY    COF.ONIAL    DuCUMENTG. 


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1687]         PET.  GOVERNOR  LAWRIkV   POWERS  RLVOKED.  531 


licDocatuni  of  all   D<'i>»ii(i   (iovcritor  Ijiwrie'a  Powers  in, 
Ead  Jei'.srij. 

(From  the  Oiijiiual  in  the  Library  of  the  New  Jersey  Historical  Society.] 

RuHERT  I1\K('LAY  Estj'.  ({ovenioi'  aiul  oiu^  of  the. 
rr(>[)rietoi"s  of  the  Province  of  East  New  Jer- 
sey, and  other  the  Proprietors  of  the  said 
Province. 


(     sk.u.    )       7);  f/,^,  Brimtu  Gorenwr  for  the  ti/nie  heliuK 

OK  TIIK        -  1  J  ./  J  J1 

(Pkovixcic.)  and  the  Counclll  of  Proprietors  there. 

Greeting 

The  Pro])rictoi\s  here  liaviiig  taken  into  considei'atiun 
the  state  of  their  atfairs  Avithin  the  said  Province  under  the 
hite  [conduct]  of  Gawen  Lawrie  and  the  accounts  remitted 
by  him,  Judge  it  untitt  to  continue  him  longer  in  any 
pubH(|ue  imploymeut  And  do  therefore  hereby  revoke  all 
authorities  formerly  granted  to  him,  either  by  Letters  of 
Attorney  Orders  Commissions  Instructions  or  otherwise: 
and  declare  that  all  such  authorities  shall  be  null  and 
void  to  all  Intents  and  pur})0ses  from  the  tyme  this  pres- 
ent Order  shall  be  read  in  the  presence  of  tlie  Deputy 
Governor  in  Councill  And  the  said  Proprietors  do  hereby 
Order  and  direct  that  publi(pie  notice  be  given  to  the 
Inhabitants  of  the  said  Province  that  they  do  not  payor 
deliver  to  the  said  Gawen  Lawrie  any  more  Rents  inony 
goods  or  debts  due  or  belonging  to  the  Proprietors  at  their 
Peril).  But  to  such  Receiver  (ireiierall  who  is  appointed 
under  the  Scale  of  the  Province  oi'  his  Dep'*'  or  l)ej)uties 
and  shall  be  pul)li8hed  by  the  Governor  aiui  Councill  to 
the  end  that  all  persons  nuiy  have  due  notice  thereof. 
And  whereas  the  said  Gawen  Lawrie  hath  (as  the  Proprie- 
tors are  informed)  given  discharges  to  Severall  persons  for 
arrears  of  Rents  not  paid,  and  taken  Security  for  the  Same 


532  NEW    JERSEY    COLONIAL    DGCl'MKNTG.  [1687 

by  notes  bonds  or  some  oilier  manner  in  his  owne  nam  e 
The  Proprietors  doe  hereby  advise  and  Order  all  such 
persons  who  have  given  Such  Security  to  him  not  to  pay 
any  of  the  said  mony  so  securM  to  him  but  to  the  Receiver 
Generall  his  Deputy  or  Deputies  as  abovesaid  for  whicli 
they  shall  be  discharged  and  indemnified  by  the  Proprie- 
tors Given  in  London  under  the  Scale  of  the  Province  of 
East  Jersey  this  Fifth  day  of  May  in  the  third  yeare  of 
the  reign  of  James  the  Second  King  of  England  &c  Annoq: 
Dom:  one  thousand  six  hundred  eighty-seaven 
Signed  by  order  of 

The  Proprietors 

Will.  Dockwra 

Agent 


Petition  of  Judge  Palmer. 

(From  London  Public  Record  Office,  15.  T.  Vol.  I.,  p.  371.] 

Petition  of  Judge  Palmer  to  the  K:  that  a  fine  of 
60'  may  be  remitted  to  him. 

To  his  Most  Excellent  Majesty  James  the  Second  by  the 
grace  of  God  King  of  England  Scotland  France  and 
Ireland  Defender  of  the  faith  &c:  Supream  Lord  of 
the  Plantation  &  CoUony  of  New  yorke. 

The  hmvible  Petition  of  John  Palmer.  Li  most  humble 
niannor  Sheweth 

That  there  is  a  certaine  small  farm  belonging  unto  Your 
Most  Sacred  Majesty  in  the  Province  of  East  New  Jersey, 
formerly  granted  by  S""  Edmund  Andross  &  his  Predeces- 
sors to  one  Gasper  Stenmets,  and  his  wife  dureing  their 
lives,  under  the  annual  rent  of  tenn  pound,  which  said 
farm.  By  reason  of  the  many  disturbances  which  the  Ten- 
nant  in  possession  received,  by  the  Proprietors  of  the 
Province  aforesaid  ;  who  pretend  a  right  to  the  same,  by 
virtue   of  Your   Most   Sacred    Majestyes   grant ;    and    in 


1687]  PETlTIOJf   of   JOftl^    PALMER.  633 

consideration  of  an  obligation,  which  Your  Most  Sacred 
Majestyes  Petitioner  now  lyes  under  to  assert  &  defend 
Your  Majestyes  right  thereunto,  against  their  unjust  mo- 
lestations and  pretences,  and  a  fine  of  Sixty  pounds,  which 
Your  Majestyes  Petitioner  is  obliedged  to  pay  unto  his 
ExcelP^  Coll  Thomas  Dongan,  for  Your  Majestyes  use : 
unlesse  your  Majesty  should  think  fitt  to  remitt  the  same ; 
His  said  Excell''^  was  pleased  to  graunt  the  reversion  of  the 
said  farme,  to  this  Your  Majestyes  most  humble  Petitioner, 
to  com'ence  after  the  decease  of  the  Tennant  in  possession, 
under  the  annual  rent  of  twenty  shillings. 

Whekefok  Your  Majestyes  most  humble  Petitioner,  in 
most  humble  manner  Requesteth,  that  Your  Most  Sacred 
Majesty  would  be  Most  graciously  pleased,  to  remitt  and 
forgive  unto  Your  Petitioner  the  abovesaid  fine  of  Sixty 
pounds,  And  he,  as  in  duty  bound  Shall  ever  Pray, 

J.  Palmer. 
[indorsed  .•] 

Rec'^  from  M^-  Spragg  9  May  1687 

Read  18  May  87 

Petition  of  the  Proprietors  of  East  Jersey  to  the  King, 
Relative  to  the  Entering  of  Their  Vessels  at  New 
YorTc. 

[From  London  Public  Record  Office,  B.  T.  ;  "Now  York,"  Vol.  XLVII.  p.  118.] 

To  THE  Kings  most  Excellent  Maj^"'' 

The   Humble    Petition   of  the   Proprietors  of  the 
Province  of  East  new  Jersey  in  America.^ 

Humbly  Sheweth 

That  about  four  years  since  yo^  Maj:*^  was  graciously 
pleased  to  grant  and  confii-me  to  yo^  Peff  the  said  Prov- 
ince, with  the  free  use  of  all  Bays,  Rivers,  and  waters  lead- 

1  This  petition  being  referred  to  the  Board  of  Trade,  on  the  30th  of  May  :  on  the 
15th  of  June,  thej'  gave  their  opiuion  that  the  petition  be  sent  to  Governor  Dongan  for 
his  answer.  On  the  18th  of  June,  an  order  of  Council  was  issued,  contirniing  the 
action  of  the  Board.    Eu. 


iiiii-  tlK'icuiito.  tor  Niiviwitioii.  Frt'C  trade,  and  l-"isliin<r ; 
u|)()ii  which  eiicoiirai^eineiit,  and  their  contideiiee  of  the 
iiiviolaldeiiess  of  it,  yol  l^et^  and  many  otliers  by  tlieir 
j»ersuasioii,  liave  expended  great  Sununs  of  money  in  Set- 
tliiiL:;  plantations  tliere,  and  l)uiMini;  a  town  called  PKirnr, 
upon  a  convenient  hai'ljor  within  Sandy-hook-Bay  :  hoping 
to  raise  Snch  a  trade  by  their  Industry,  as  miglit  in  process 
of  tvnie  bring  liononr  and  advantage  to  the  Crowne,  and 
Some  recompenee  to  yol'  Pet"  for  tlieir  charge  and  liazards: 
And  tliough  yol"  Pet'?  have  not  been  convicted  of  any  for- 
feiture of  their  said  Liberty,  nor  are  conscious  of  having 
committed  any,  but  taken  exact  care  to  put  tlie  Act  of 
Navigation  in  due  Execution,  and  to  jiroceed  in  all  things 
according  to  the  Laws  of  England,  yet  Colonell  Dongan 
yol"  Maj:'"^**  Governor  of  New-York,  on  the  twenty  Second 
day  of  November  last,  caused  Sevei'all  Sonldiei's  c(tm- 
inanded  by  a  Sergeant  to  Sur])ri/,e  a  Small  vessell  which 
arrived  from  Ireland  at  the  })ort  of  J^krtji,  and  was  duly 
cnterM  tluMv  ;  and  forcM  the  said  vessell  to  go  up  to,  and 
enter  at  New-^'orke  ;  aiul  he  threatens  to  Seize  all  Shij>s 
bound  foi-  East-New-.Iersey  tliat  Shall  not  enter  at  New- 
^Orke;  which  as  it  is  a  direct  infringement  of  the  ])rivi- 
h'dges  yof  Pet?  claim  under  yof  Royall  grant,  So  unless 
re<lressed,  It  will  discourage  the  further  ])lanting  of  the 
said  Pi-ovince,  occasion  the  loss  of  yol'  ]*et?  Stock  there,  cV 
overthrow  one  of  the  most  hopefull  Colonies  in  America. 

^'o'.'  Pi: I'".''  do  therefore  humbly  beseech  yo|'  Maj:"''  that 
they  nuiy  (piietly  »'njoy  th(>  bciu'titt  of  vo|'  Maj:"'''  grant  tor 
the  future. 

And  yo.'  Pet'."  Shall  ever  ])ray  <S:c: 

Whitehall.  ;{<•'"  May.  ST: 
His  Maiestie  is  gracioiisly  pleasd  to  referre  this  petition 
to  y^'  liight  Hon:'"'''  the  Lords  of  the  Committee  for  Trade 
and  fori-eign  Plantations,  to  examine  y*^  Contents  thereof  tfe 
to  report  theii-  Ldpp  O|)inion  theren])on  :  and  his  Ma"'"  will 
declare  his  furthei'  pleasni'e.  JMidulkton 


1^)87]  AI'I'EAL  OF  K.  JERSKY  PROrRIETORS  FOE  A  PORT.    535 

]ii'prof<('niaf'i<>ri  and  l^ropostU.^  of  flic  Pi'opriftoi's  of  East 

\  From  London  Pnblic  Rpcnnl  Otlice  :  1'..  T. ;   '•  \ew  York,"  liiintUe  D.  I'aper  .')l.l 

]lepi-psentati(ni  of  tlie  ease  of  tlie  Province  of   East 
Jei'sie    Tocjether    witli    tlieir    ])ro])osal]s    June 
1().S7  ^ 
To  THE  King 

Tlie  humble  Tlepresontation  of  tlie  oaso  of  the  pro- 
priety'of  East  New-Jersey  in  Aiiierica,  with  proposalls 
whereby  they  may  comply  with  the  Kinoes  pleasure 
:ui<l  ])reserve  their  owu  Interests 

1  The  pi-esent  propriet"  had  not  this  province  as  a 
Gratuitous  J>enevolence  from  the  King,  but  bouoht  it 
with  their  money,  having  paid  above  twelve  thousand 
pounds  for  it,  and  are  notwithstanding  forc/d  to  l)uy  every 
Acre  over  again  at  a  considerable  rate  from  the  Indians,  who 
daily  raise  the  price  of  land  as  thej  understand  our  want  of  it 

2  That  the  most  considerable  of  the  propriet'"''  would 
not  be  concerned  in  it,  till  they  had  obtained  the  particulai- 
approbation  of  the  present  King,  and  the  Assurance  of  his 
Favour  &  Protection  ;  as  a  pledge  whereof  the  King  was 
pleased  to  give  them  a  Confirmation  of  the  Soyle ;  and  a 
Cxrant  of  the  Free  use  of  all  Baijes,  lingers  ii-  waters  for 
yavigat'toti,  Free  trade  c&  Flshhuj  tinth  the  right  of  (ror- 
erniivnt  Dated  the  fourteenth  day  of  March  1082  which 
is  a  later  Grant  than  any  other  Colony  in  America  can 
]U'etend  to 

8  The  Proprief*  Esteeming  this  Security  of  the  Kings 
Grant  Inviolable  adventured  great  Stocks  u})on  that  bot- 
tom, and  many  of  them  being  Scotch  (Gentlemen,  have 
sent  Severall  hundred  persons  out  of  Scotland,  and  may  if 
not  discourged,  Send  more  every  year,  whereby  an  English 
Plantation  has  been,  and  may  be  further  advanced  without 


1  Enilorseil :     "Read  the  Vith  August  '87,   Referred  to   the  heaiiug  Ordered  at 
Windsor  ye  14th." 


5S6  NEW   JERSEY   COLONIAL   DOOtMENTS.  [1687 

Diminishing  the  people  of  England  :  But  the  propriet™ 
have  not  yet  received  the  least  return  of  their  Charge  and 
Hazard  in  purchasing  and  Improving  the  Countrey,  The 
Infancy  of  it  requiring  a  continuall  Support  from  ;  and 
not  being  able  to  yield  any  to  them 

4  The  proprief*  hnmbly  conceive  the  Recency  of  their 
Grant  from  y**  King,  the  Royall  Approbation  and  Assur- 
ance, that  induc'd  them  to  be  concerned  in  this  province, 
and  the  greatness  of  their  Charge  in  purchasing  and  im- 
proving it  makes  their  Case  very  Different  from  the  case 
of  most  other  American  plantations,  and  to  deserve  a  par- 
ticular consideration  and  favour  ;  and  yet  they  are  under  a 
greaf  hardship  than  any  other  Colony.  For  though  the 
Rest  are  equally  under  the  processe  of  a  Quo  Warranto, 
yet  they  remain  undisturbed  in  their  properties:  But  the 
propriet"  of  East  New  Jersey  have  been  violated  in  their 
property  of  their  ports  by  the  Governour  of  New- York, 
who  forc'd  a  Ship  from  the  port  of  Perth  Amboy  being 
legally  entered  there,  up  to  New-York  to  make  their  Entiy 
there,  under  pretence  of  an  order  from  the  Committee  of 
plantations,  w*^.*^  if  true,  is  directly  contrary  to  the  Kings 
Grant  to  the  Propriet"  of  the  Free  use  of  all  Rivers,  Bayes 
cfe  waters  for  Namgation  &  Free  trade,  and  was  obtained 
without  hearing  of,  or  any  notice  given  to  the  propriet", 
and  grounded  only  upon  an  old  Instruction  of  that  Nature 
formerly  given  to  S""  Edmond  Andros  before  the  Kings 
Grant  to  y*  proprief.* 

5  As  to  the  objection  against  East  Jersey  that  there  is 
not  the  like  custome  paid  there  as  is  paid  at  Kew-York, 
whereby  a  prejudice  arises  to  the  trade  of  New-York,  and 
the  Kings  Revenue  there  :  The  propriet"  in  ansAver  there- 
unto, do  humbly  offer  to  the  Kings  consideration  that  the 
custom  at  New-York  w^as  legally  impos'd  with  consent  of 
the  people  in  a  Generall  Assembly  of  that  Province  ;  And 
East  Jersey  being  at  that  time,  and  still  remaining  a  Dis- 
tinct province  from  New  York,  and  having  no  representa- 
tives in  their  Assembly  cannot  be  concluded  by  their  Act 


1687]     APPEAL  OF  E.  JERSEY  PROPRIETORS  {"OR  A  PORT.  53Y 

And  therefore  no  custom  can  be  justlj  exacted  in  East 
Jersey  till  it  be  imposed  there  in  the  same  Le^all  manner 
But  if  Such  custom  could  be  demanded  in  East  Jersey 
without  the  consent  of  a  Generall  Assembly,  the  proprief* 
humbly  conceive  and  are  Advised  that  the  nonpayment  of 
it  could  not  give  a  Sufficient  ground  to  the  Governor  of 
New- York  to  make  Such  an  Invasion  upon  their  Right  of 
port,  that  being  no  Franchise  revertible  to  the  Crown  by 
Judgment  in  a  Quo  Warranto,  but  a  matter  of  meer  prop- 
erty, the  abuse  of  which  is  no  otherwise  punishable  then 
according  to  the  Directions  of  the  Act  of  Navigation  ;  And 
if  it  had  been  a  Franchise,  yet  the  proprief^  ought  not  to 
Lose  it  before  a  Legall  Eviction  or  a  Voluntary  Surrender, 
much  less  be  despoiled  of  it  uncall'd  &  unheard. 

6  Though  it  hath  been  alwayes  the  Policy  to  Encour- 
age Infant-Plantations  by  free  ports  and  free  Trade,  as 
necessary  for  their  Support,  yet  the  propriet"  are  So  ready 
to  comply  with  the  Kings  inclinations  in  this  particular  that 
they  are  willing  as  far  as  in  them  lyes,  to  yield  to  the  like 
custome  in  East  Jersey  as  is  paid  in  New- York,  if  it  please 
the  King  by  his  Councill  to  direct  them  to  impose  it  in 
Such  a  manner  as  may  not  draw  the  proprief^  under  any 
legall  Censure,  but  they  humbly  conceive  That  this  when 
Settled  ;  will  not  answer  the  ends  of  New- York  or  advance 
the  Kings  Interest,  unless  all  other  Neighbouring  Colonys 
pay  the  like  custome,  but  the  Trade  will  dessert  both  New 
York,  and  East  Jersey,  and  run  to  other  places  continuing 
free  from  this  Burthen. 

The  propriet"  are  not  only  ready  to  comply  with  the 
Kings  Expectations  in  the  matter  of  Customes,  but  in  the 
point  of  Government  too  ;  for  as  they  value  themselves 
upon  the  Kings  opinion  of  their  Loyalty,  which  they  con- 
ceive moved  him  to  grant  them  the  Government,  So  they 
are  desirous  to  preserve  the  Kings  good  opinion  of  them 
by  a  Dutifull  Surrender  of  it ;  But  they  humbly  hope  as 
his  Royall  Wisdom  prompts  him  to  resume  all  the  Ameri- 
can Governments   into  his  own  more  immediate  Admin- 


r»3>!  NKW   .lERSEV   COLOMtAt,   noCtMENtg.  [10^7 

istratiou  ;  So  his  Justice  and  Goodness  will  incliiu'  him  t(» 
ii:rant  the  Proprief^  all  Ileasonablc  priviledges  for  ])reserv- 
ina;  their  Estates  adventured  in  East  Jersey,  and  theivfore 
\\ill  not  esteeeni  it  a  I'reaeh  of  modesty,  far  Less  of  their 
Loyalty,  that  they  humbly  otter  the  foUowiuii;  proposalls 
as  thinjjs  which  they  concei\'e  necessai'V  to  prevent  the 
totMll  ruin  of  their  Interests. 

1  That  Kast  Jersey  may  not  ho  anm'\e(l  to  New  ^^•rk. 
and  put  uiuler  that  (iovei'ument,  hut  he  made  I'ither  a 
District  (Tovernment  of  it  Self,  oi-  he  Joyned  with  West 
Jersey  under  one  Govi'rnour  ;  And  Siiu-ethe  Propi'ietors  of 
East  vt'  AVest  Jersey  ai-e  \ery  numerous.  The  Kinu-  will 
please  to  name  one  from  amuiii^st  them  of  whose  Loyalty 
and  Ahility  the  K'iuii;  may  be  satisfied,  to  be  (-lovernoui', 
according  to  the  ])resent  practice  of  nnminir  A[aixistriites 
in  most  corporations  in  Eno;land. 

2  That  in  i-cs{)e('t  of  the  ]iroprietoi-s  LitcM'est  in  the 
Countrey,  the  Kin<^-  will  please  to  direct  that  Some  of  them 
or  their  ])roxios  in  the  Pi-ovince  Shall  be  allwaves  of  the 
Governours  Councill. 

/^>  That  whatsoever  the  ivino-s  pleasure  Shall  be  in  the 
fornu'r  ])oints,  C^ourts  of  .Justice  nuiy  be  Established  in 
East  di'rsey,  and  be  held  at  J*erth.  and  such  othei-  jilaces 
as  may  best  Suit  with  the  Conveniency  of  the  Jnhahitants, 
from  whence  no  Aj)peal  Shall  lye  but  to  the  King  in  Eng- 
laii<l,  for  if  the  people  must  be  forc'd  to  go  up  to  New 
York  or  any  other  province  for  Justice,  It  will  be  Cheaper 
for  them  to  bear  wrongs  then  Seek  Redress,  And  111  men 
will  be  thereby  Encouraged  to  o]>press  their  Neighbours, 
aiul  lleduce  tlu;  Countrey  into  a  Wilderness  again. 

4  That  the  proj)rietors  having  declared  their  ready 
complyance  in  the  nuitter  of  Customes,  may  Enjoy  the  i'roe 
use  of  thi'ir  ports  according  to  the  Kings  Grant  above 
mentioned  without  any  Interru]»tion  fi-om  any  other  Gov- 
ernment, Ami  that  an  officer  be  Ap[)ointed  in  this  j)i-ovince 
to  collect  the  Customes,  And  taki>  cai-e  that  the  Act  of 
Navigation  be  duely  ]>ut  in  Execution. 


10S7]         PROPOSALS    FOR    A    SKPARATK    GOVERNMENT.  539 

5  Tluit  Since  the  Soyle  and  Qnitt  Rents  will  still 
Remain  the  proprietors  property,  and  three  Fonrth  ])arts 
of  the  Land  lying  within  the  ])0unds  of  East  Jersey  Jersey 
is  yet  unpurchased  from  the  Indian  Natives,  the  pro])rie- 
tors  or  their  Deputies  may  have  the  Sole  poM'er  of  treatino- 
with  the  Indians  for  purchase  of  Such  lands,  and  the 
Appointing  Surveyors,  Secretaries,  Registers  and  other 
OtRcers  for  the  Surveying,  issuing  out,  warrants.  Recording 
Returns  of  Surveys,  and  Grants  of  land,  Collecting  aiul 
Recovering  their  Quitt  Rents,  and  may  have  a  particular 
Jurisdiction  for  Such  purposes  as  Lords  of  Mann''*'  have 
here  in  England,  and  that  the  Kings  Governour  may  not 
intermeddle  in  these  matters 

By  these  Concessions  the  proprietors  hope,  their  Adven- 
tures may  be  preserved,  and  the  Kings  intentions  as  well, 
and  Interest  better  answered,  then  by  Annexing  East  Jer- 
sey to  New  York,  and  they  huml)]y  hojie  that  the  King 
will  condescend  to,  and  Estaldish  them  So  firmly,  as  the 
proprietors  may  not  lye  under  the  fears  of  any  future 
Alteration,  but  be  encouraged  to  proceed  in  Improving  the 
])rovince  to  the  Kings  Honour,  and  their  own  benefit. 

The  propriet''''  having  studied  brevity  both  in  this 
Representation,  and  their  proposalls,  are  ready  to 
Explain  them  Selves  in  any  point  that  may  Seem 
obscure  to  the  King,  or  his  Councill,  if  they  may  l>e 
allowed  an  opportunity  to  be  heard,  which  they  hum- 
bly request  as  absolutely  necessary  to  the  Adjusting 
these  matters. 

Att  the  Court  att  Winds(»r  tlie  12"'  of  July  KJ87  His 
MaM**  is  (rraciously  pleased  to  referr  this  Representation 
and  Proposalls  to  the  Consideration  of  the  Right  IIoiu)ur- 
able  the  Lords  of  the  Committee  of  Trade  &  Plantations  to 
hear  the  Proprietors  thereu])pon,  and  Rei)ort  their  opinions 
to  his  Ma".''  who  Will  tlicn  declaiv  his  further  Pleasure. 

Midi  )L  ETON 


54:0  NEW    JERSEY    COLONIAL    DOCUMENTS.  [1687 


Order  Erecting  Neio  Perth,  in  East  Jersey,  Into  a  Port 

of  Entry. 

[Erom  -'New  York  Colonial  Documents,"  Vol.  III.,  p.  428.] 

After  Our  very  hearty  Coinmendations.  Whereas  by 
furnier  Instructions  given  unto  you  His  Ma'*'  has  tliought 
iitt  to  Order,  That  all  Ships  &  Vessels  coming  within  the 
river  and  channel  of  Kew  York  shall  enter  at  His  Ma'^'" 
Citty  and  Port  of  New  York,  His  Ma'^  is  pleased,  upon 
further  consideration,  to  direct  us  to  signify  his  pleasure 
unto  you  That  3'ou  permit  all  ships  <k  Vessels  bound  for 
New  Perth  in  His  Majesty's  Colony  of  East-New  Jersey  to 
goe  directly  thitlier,  without  touching  at  New  York  or 
being  carried  thither  untill  further  order.  Provided  always 
that  the  Government  of  East  New  Jersey  doe  suffer  such 
person  as  you  or  the  Receiver  Generall  of  His  Ma'*'* 
Revenue  at  New  York  for  the  time  being  shall  appoint, 
peaceably  &  quietly  to  receive  &  collect  for  His  Ma'^*  use 
the  same  Customs  &  Imports  as  are  usually  paid  at  New 
York  for  such  shipps  and  their  lading  as  are  entred  there. 
And  soe  wee  bid  you  very  heartily  farewell. 

From  the  Council  Chamber  at  Windsor  the  14'.''  day  of 

August  1687 

Yo*"  very  loving  freinds 

Sunderland  P.         Arundel  C  P.  S.         Middleton 
Bathe  Godolphin  J.  Emle 

William  Blatiiwayt 

To  our  very  lo:  freind  Tho:  Dong  an  Esq'  His  Ma'^'*  Cap- 
tain General  &  Gov""  of  New  York 

1  NoV  y«  21:^'  1687  Read  in  Council  &  ordered  to  be 
Recorded  &  entred  in  y*^  Records  of  the  Province  of  New 
York  y*  same  day  by  John  Knight  S'^ry 

1  Thia  appears  in  a  certified  copy  atuong  the  manuscripts  of  W.  A.  Whitehead. 


1687]  CONFIRMATION    OF    DEP.    GOV.    HAMILTON.  541 


From  Governor  Barclay  and  the  Proprietors  of  East 
Jersey,  in  England,  to  the  Deputy  Govei'nor  and 
Coimcil  in  East  Jersey. 

[From  a  Copy  of  the  Eecord  in  Book  B,  p.  478,  in  Secretary's  Office,  at  Perth  Amboy  ; 
among  the  Manuscripts  of  W.  A.  Whitehead.] 

KoBERT  Barclay  Esquire  Governor  and  one  of  the 
Proprietors  of  the  Province  of  East  New  Jersey 
and  other  the  Proprietors  of  the  said  Province, 
To  the  Dejxity  Governor  and  Council  of  Pro- 
prietors in  the  said  Province  and  all  others 
whom  these  Presents  do  or  may  Concern  ; 

Greeting 

Whereas  The  Projjrietors  have  been  very  sensible  of 
the  Ingenuity  and  good  Services  of  Captain  Andrew 
Hamilton  in  his  Present  Station  as  their  Deputy  Governor 
of  East  New  Jersey,  being  so  appointed  by  the  Lord  Neil 
Campbell  at  his  Coming  away  from  thence  for  England 
who  was  Authorized  in  Case  of  an  urgent  Necessity  to 
appoint  a  Deputy  Governor  there,  as  may  appear  by  his 
Commission  dated  in  London  the  fourth  day  of  June  One 
thousand  six  hundred  Eighty  and  six,  And  "Whereas  the 
said  Robert  Barclay  and  the  Rest  of  the  Proprietors  being 
fully  Satisfied  with  the  Care  and  Conduct  of  the  said 
Cap*  Andrew  Hamilton  and  his  ability  for  such  an  employ- 
ment The  said  Robert  Barclay  did  Grant  the  said  Cap*  An- 
drew Hamilton  a  Commission  for  Deputy  Governor  under 
his  hand  and  seal  of  the  said  Province,  Signed  also  by 
William  Dockwra  our  Agent  on  Behalf  of  the  Rest  of  the 
Proprietors  and  dated  the  Eighteenth  day  of  August  Last 
Past,  to  Continue  Deputy  Governor  for  two  Years  from 
the  date  thereof  which  said  Commission  from  the  said 
Robert  Barclay,  and  the  appointment  before  by  Lord  Neil 
Campbell  unto  the  said  Cap*  Andrew  Hamilton  for  Deputy 


54:2  NEW   JERSEY   CoI.oXIAI.    1)<)(IMP:NTS.  [1687 

( i<>\  tTiior.  tlic  I'rojii'ietors  do  uiiaiiiiii<iii.-lv  jijiprovi'  ol". 
And  tlKTciipoii  tlif  said  Proprietors  do  licivhy  OnK-r  and 
appoint  tlio  Receiver  (General  (or  in  want  (»f  liim  then  such 
Person  or  Persons  as  sliall  or  may  liave  the  receiving  of 
the  (^uit  lient  of  tlie  said  Province  due  to  the  Proprietors) 
to  ])ay  to  the  said  Ca[)'.  Andrew  IJaiuilton  forthwith  after 
Ivegisterinj:;  of  this  Order,  the  sum  of  ( )iie  liiiii(h-c(l  Pounds 
Sterlinpj  which  is  Intended  aiul  Dechired  to  be  an  acknowl- 
edgment  tor  liis  Pains  and  Service  as  Deputy  Governor 
and  for  all  his  own  Expenses  (Except  what  is  Publick 
Chai'iies)  from  the  time  lie  Entered  tlie  (Tovernment  by 
jip})ointment  of  Lord  Neil  Campbell,  unto  the  day  of  the 
date  of  Governor  Barclay's  Commission,  beiniij  the  P^igh- 
teentli  day  of  August  Last  Past,  uind  Fui'tliei'  the  I'ropi-ie- 
tors  do  hereby  allow  unto  the  said  Caj)'  xVndrew  Hamilton, 
the  sum  of  Two  hundred  Pounds  Stirling  Per  annum  for 
his  Salary  and  his  own  Expenses  as  Deputy  Governor  to 
Commence  from  the  date  of  the  said  Commission  of  the 
Eighteenth  day  of  August  last,  and  do  Order  and  a])point 
the  Kceciver  General  (or  in  want  of  him  then  such  Person 
lU'  J*crsons  as  shall  have  the  Receiving  of  the  C^uit  Rents 
in  the  said  Province  due  to  the  Proi)rietors)  To  pay  to  the 
>\\\'\  Cap!  Andrew  Hamilton  forthwith  aftei'  Registering 
the  said  Commission  so  much  JMonev  as  shall  be  grown  due 
to  the  said  Captain  Andrew  Hamilton  since  the  date  of  the 
said  Commission  and  what  more  shall  grow  due  from  time 
to  time  after  the  Rate  of  Two  hundred  Pounds  Per  amium 
as  aforesaid,  and  the  Receipt  of  the  said  Captain  Andrew 
Hamilton  shall  be  a  sufficient  dischai-ge  for  so  nnich  as 
shall  be  Payed  him  Pursuant  to  this  Order  of  the  Proprie- 
tors, (rict  )i  under  the  seal  of  the  l*rovince  of  P2ast  New 
.Jersey  this  twenty-fom-th  day  of  Se])tember  in  the  third 
"^'ear  of  the  Reign  of  James  the  Second  over  England  tfec 
King  Annotpie  Domini  ( )ne  thousand  six  hundred  Eighty 

iV:  S«»ven. 

Signed  by  Oi'dcr  of  the  Pj'opriet<us 

Wii.i,:  Do(  KwiiA  Aiicnt. 


1687]  INSTRUCTIONS    TO    COLLECTOR    TLOWMAX.  543 


Inst rucf ion ■<  to  Jlat(/i<  ir   Vlou'inan^    (.oU'cfor  of  t'u.'stuitw, 
at  Neu)  VorJi. 

[Fioni  "New  York  Colonial  Docimicuts,"  Vol.  III.,  p.  ."lOl.] 

Iiistnictioiis  for  our  Trusty  @  WebelovM  Matthew 
P]o^v^lau,  Es(|"  Our  Collect^'  and  lleceivei-  of 
our  lleveuue  iu  our  Proviuce  of  N  York  and 
tlie  Territories  depending  thereon  in  America. 

\^Ki-t/ui<-t.\  And  AV^hcreas  wc  have  formerly  directed 
that  all  Sliipps  @  Vessels  coming  within  or  passing  np  the 
River  or  Channell  of  N  York  or  Hudson's  River  should  be 
obliged  to  make  entries  of  their  Lading  at  our  Citty  @ 
I'oi't  <»f  New  York,  you  are  never  the  less  to  ])erinitt  all 
shipps  @.  vessels  bound  for  N.  Perth  in  our  Colony  of 
East  N.  Jersey  to  go  directly  thither  w'thout  touching  at 
N.  York  or  being  carried  thither  until  further  order,  Pro- 
vided always  that  the  (Tovcrnment  of  East-New  Jerse}'  do 
sutfer  such  Person  or  Persons  as  shall  be  appointed  by  the 
Governor  in  Chief  of  our  said  Province  of  New  York  or 
yourself  peaceably  @  ([uietly  to  receive  (W)  collect  for  our 
use  the  same  Customs  @  Inn)orts  as  are  usually  piud  at 
New  York  for  such  Shipps  and  their  lading 

(liven  at  our  C\)urt  at  Whitehall  this  13"'  day  of  Decem- 
ber 1687  In  the  thinl  year  of  our  Reign 
]^\  his  Ma'ty"  Command 

Slndkki.and  P 


I  K  D  E  X  , 


Abraham?,  (Abramso):  Coruellis,  49.  125. 
AchferCoU,  (Cull):  U,  130,  141.— Appella- 
tion for  !New  Jersey.  124-147. 

Aflams:  John.  166.  227.^414. 

Affidavit  of  yilve.stpr  Salisbury :  As  to  the 
number  of  families  in  Kew  Jersey,  183. 

Asii^Huo:  A  Surveyor.  221,  223. 

Aliasimus.    (See  "  jDuke'g  Fann.") 

Aicknian:  Wm.,  An  East  Jeisev  Proprie- 
tor, 529. 

Akerman,  Senior:  John,  28). 

Akenuan,  Junior:  John,  280. 

Ablerridge:  Peter,  289. 

Al(lrick.s :  Evert,  269. 

Alexander:  George,  5-J9. 

Alexander:  Janie.-i.  5-24. 

Alexander:  John,  53('. 

Algns:  Markas,  269. 

Allen:  Anthony,  288. 

Allen:  Mathow",  269. 

AUoways  Creek :  Lauds  at,  sold  by  J.  Fen- 
wicke,  414. 

AUyn:  Judith,  307. 

Almy:  Christopher,  51. 

Alricks,  (Ahichs) :  Petor,  73,  113,  114, 198, 
201. 

Ambo  Point.    {See  Perth  Amboy.) 

Andei-son:  John,  510. 

Anderson:  Thomas.  414. 

Andress:  Justa,  111. 

Andress,  (Andries,  Andrias,  Anders,  An- 
drus,  Andriessen,) :  Lawrence,  49,  66, 
82,  89,  91,  92,  97,  110,  125,  146. 

Andrie.s:  Joakeui,  50. 

Andros:  Edmund,  K^otice  of,  156. — His 
commission  as  Governor  of  New  York, 
'\TiQ. — Letters  to.  from  Secretary  of  the 
Duke  of  York,  179.  2.30,  345,  347.— Let- 
ters from,  to  Capt.  Cantwell,  ou  Indian 
affairs,  179,  181 — Conference  between, 
and  the  Indian  Sachems  of  2few  Jer- 
Bcy,  182. — Letters  from,  to  authorities 
at  Newcastle,  189,  204,  285.— Warrant 


ajrainst  John  Fenwicke,  187. — Letter 
from,  to  Capt.  Billop,  relative  to  fly- 
boat  Martha,  270.— Letter  from,  to 
Commissioners  for  West  Jersey,  271.— 
Commission  from,  to  Overseers  at  Sa- 
lem,284. —Order  from,  for  the  preserva- 
tion of  the  rights  of  the  inhabitants  of 
West  Jersey,  285— Letter  from,  to 
Governor  Carteret,  about  fort  at  Sandy 
Hook,  &c.,  292. —Answer  thereto 
from  Carteret,  294.— Proclamation  of, 
agaiust  Carteret,  293,  302.— Proceed- 
ings of,  condemned  by  Carteret,  297— 
Hfs  visit  to  New  Jersey,  299,  304.— 
Meets  the  New  Jersey  Assembly,  307. 
— Carteret's  letter  to  'the  Proprietors, 
respecting,  314.— His  order  for  the 
election  of  Justices  at  Woodbridgo 
objected  to,  318.— Petition  to,  of  Wm. 
Pardon,  335. — Letter  to,  from  John 
Warren,  337. 

Audrus:  Andrew,  413. 

Appelgadt:  Bartholomew,  142,  143. 

Appel.sadt:  Thomas,  142,  143. 

Apsley:  Sir  Allen,  Letters  to.  from  Sir 
John  Werden,  relative  to  customs, 
353. 

Areut.sen:  Claes,  49,  150. 

Areutsen:  Lawrence,  49. 

Arlington:  Lord,  Letter  to,  from  Governor 
Nicolls,  54. — Letter  to,  from  Samuel 
Maverick,  57. 

Arthur  Cull  Sound,  14. 

Ashton :  James,  88. 

Assembly:  First,  called,  50. — Proposed  by 
Governor  Andros,  296.^Coiintermand- 
ed  bv  Carteret,  297.— Deputies  to,  in 
1680.' :i06. 

Assembly  and  Council :  Proceedings  of, 
under  Andrps,  306-312. 

Atkins:  Sir  Edward.  366,  369. 

Atkius;  Sir  Kobert,  366.  369. 


B. 


Bapley:  Charles,  2Gt<,  414. 

Bailey,  (Baylies):  John.  15-19,  .'iOi-O. 

Baker:  John,  18,  19,  98, 122,  43",  529. 

Baltimore:  Lord,  420. 

Barber:  Francis,  50. 

Barclay:  David,  464,  465-468.— One  of  the 

East  Jersey  Proprietors,  383,  441,  448, 

460,  628. 
Barclay:  .John,  446.  462,  465,  529. 
Barclay:  Eobert,  One  of  the  East  Jersey 

Proprietors,  383,  410,  441,  448,  451,  454. 

4,57,  463,  474.  482,  483,  490,  500,  507.  513. 

519,  523,  529.  531,  541.— Appointed  G   v- 


ernor  of  East  Jorsc.y  for  life,  395.  AiA. — 
Comuiission  from,  to  Thomas  Kudyard, 
376. — Commission  from,  to  Samuel 
Groom,  378. — Letters  to  tlie  planters, 
412,  454. — Commission  from,  to  G. 
Lawrie,  423. — Instructions  from,  to 
Lawrie.  426,  443,  459,  470,  476.— In- 
terested in  cargo  of  ship  Exchange. 
467. — Notice  of.  502,  515.— Instructions 
of,  to  Andrew  Hamilton,  508. — Son  of. 
at  school  to  George  Keith,  517,  (note.) — 
Submits  line  between  East  and  West 
Jersey  to  arbitrators,  519. 


516 


INDKX. 


Barentz.  (BaiiuWen):  Francis,  194,  195. 

Barker:  Tlioinas,  Oue  of  the  Kast  Jersey 
I'roprietors,  384,  41'J,  4J5,  4S.i.  4:n,  44-J, 
44t>,  4.'>1,  454,  457.  460,  i&>,  474,  48-2,  403, 
41MI,  50(1,  .504,  .507,  530. 

Biiroii :  Michill,  191,  194,  -^04,  -iGS,  27C,  284. 
414. 

Bartle.soii:  Andrew,  dfiy. 

Barton :  Tlionian.  2ti9. 

Bath:  John,  Earl  of,  3(i6,  3(i9. 

Baxter:  G.  518. 

Bayard:  Nu-holiis,  517,  518. 

Bc'iiedyuk:  Thomas.  15. 

Benson;  'i"h(>iua.s,  269 

Benthall:  Walter.  An  East  Jert^ev  I'ro- 
l)rietor,  442.  454,  4.57,  4li2,  474,  482,  483, 
490,  500,  504,  .507,  53(1. 

Ber^eu:  Oathsofallejiiauce  taken  at.  I(i65. 
48.— Order  }irohil)itinj;  ai-ts  in,  not 
.sauctione<l  by  the  (iovernor,  92.— Rela- 
tions botweeii.  and  the  Council  of  New 
Netherlands.  123,  125,  127,  129,  135,  140, 
14.5,  146,151,  320. 

Berkeley:  Sir  John,  Notice  of,  25. 

Berkeley  and  Carteret:  Lords.  Lea.se  and 
release  to,  from  Uuke  of  York,  8-14.— 
Commission  from,  and  instructions  to, 
Governor  Carteret,  20,  21. — Commis- 
sion from,  to  Rol)ert  Vauiiuellin,  26.— 
Concessions  and  agreements  to  and 
with  the  planters,  28. — Comments  of 
Governor  Nicoll.s  on  their  giant,  46. 
51.  Samuel  Maverick's  comments  on 
their  jirunt,  57. — Addret-s  to,  from  the 
Council,  94. — Their  declaration  ot  tlie 
true  intent  of  the  concessions,  99, 101. — 
Letters  from,  to  the  Governor  and 
Council,  104,  105,  108.— King  Charles 
11.  confirms  tlieir  authority,  107.— Let- 
ters from,  to  the  protended  representa- 
atives,  109. — Grant  to  freeholders,  iScc, 
104. 

Berkstead:  Joshua.  414. 

Berry:  John,  76.  81,  82,  rtl,  91,  97,  108,  110, 
l'22,  125,  131,  140,  145,  149,  150,  177, 
301-303. 

Berry,  Junior:  John,  66. 

Beswick:  Francis.  270. 

Beits:  Kichard.  148,  150. 

Biddle:  AVilliam.  268. 

Billoj):  Christoidier,  195  198.  201.— Letter 
to.  fioiM  (iosirnor  Andros.  270— Plan- 
tation (Ml  Stalen  Island,  476,  id'>. 

Bingley:  William,  530. 

Bishop.  Senior:  John.  66,  67,  82,  89,  91-93, 
97,  110.  l:i4. 

Bishop,  Junior:  John,  50,  307. 

Black:  William.  269,  288. 

Blackford:  Robert,  An  East  Jersey  Pro- 
prietor, 60.  .5'J9. 

IMoenuoaert:  Samuel.  Patent  to.  1. 


Blumtield:  John.  82.  177. 

Bliimtield:  'I'homas,  .50. 

Bollen:  Jame.s.  110,  130,  131,  177.  316,  35?, 
355,  364.  365. 

Bonian:  Nicholas,  129. 

liond:  Joseph,  .50. 

Bond:  Robert.  50,  81,  82,  128. 

Bore:  Joshua,  288. 
i  Borton:  John,  270. 
i  Boiirden:  Ben.,  413. 

I  Bout-town:   Lands  at,  .sold  l)y  John  Fen- 
wicke,  4i:i.  414. 

Bowers:  Capt.,  300,  301. 

Bowne:  James,  3:13. 

Bowne,  (Bountl,  Bown.):  John,  44.  51,  88. 
143.  305,  3u7,  309,  33:>,  355  357,  364. 
t  Bowyer:  414. 

Brackett,  Senior:  John,  .50. 

Braedy;  Hydrek  Clark.  320. 

Braiue.  James,  an  East  Jersey  Proprie- 
tor, 384,  425,  433,  437,  442,  446,  474,  482, 
483,  490.  500,  504,  507,  530. 

Brenson:  Daniel,  289. 

Brightwiu:  William,  288. 

Bnndley:  Luke.  288. 

Broadway:  Edward,  118,  268,  283,  234,  292, 
414. 

BrockhoUs:  Capt.  Anthony.  196,  353.— 
Letteis  to.  from  Governor  Carteret, 
3.50,  352. — Answer  of,  351. 

Brown:  Abraham.  51. 

Brown:  Jolm.  156. 

Browne:  Nicliolas,  51.  134. 

Bryant:  Anthony.  111. 

Budd:  John,  Petition  from,  with  other.s, 
for  grants  of  land,  289. 

Budd.  (Biulde):  Thomas,  268,  414.  419. 

Butlington:  Kichard,  269. 

Buun:  Matthew.  66. 

P.unnell,  (Bonnell):  Nathan,  50,  65. 

Purges:  l.-*aac,  413.  414. 

Burlington:  Koad  between  Perth-town 
and,  428. 

Burnett:  liobert.  An  East  Jersey  Proprie- 
tor, 4-25,  433,  437,  442,  446,  448,  451,  404, 
457,  462,  474,  482.  483.  .500,  507,  513,  5.30. 
— Interested  in  the  cargo  of  ship  Ex- 
change, 467. — Instructions  to  Andrew 
Hamilton,  508.  513. 

Bu.Hsetl:  John,  128. 

Butcher:  John.  26'i. 

Byllynge,  (Hillinge):  Edward.  If5,  224, 
230,  232,  268,  32:t.— (^uintipartite  deed 
from  Sir  ti.  Carteret,  205.— Grant  to, 
from  Duke  of  York,  324.— An  East 
Jersey  Proprietor,  384,  425.  442,  500, 
504.  .530.— Letter  to,  from  Charles  IL, 
about  j)irates,  458. — Submits  line  be- 
tween East  and  West  Jersey  to  arbi- 
trators. 519,  520. 

By  water:  Gervis,  186. 


C. 


Cameron:  Sir  Ewen,  An  East  Jer.sey  Pro- 
]»iietor.  529. 

(yami)liell:  John,  An  East  Jersey  Proi)rie- 
tor.  4(i0.  .522. 

(.'aniubell:  J-ord  Neill.  (iovenior  of  East 
Jersey,  509.  522,  529.— Appoints  An- 
drew' Hamilton  Deputy  Governor, 
.542. 

(!ancklin:   Ren..  .50. 

Cantwell:  Capt.  Edmund.  HI,  112,  196, 
197,  201,— Letters  to.  from  Governor 
Andros.  on  Indian  atfairs,  179  181. — 
Wanaiit  to.   for  arrest  of  John  Fen- 


wicke,  187.— Testimony  of.  against 
Fenwicke,  193,  194.  275." 

Cantwell:   William,  268. 

Cape  May  County:  First  grant  of.  1. 

Carr:  Capt.,  Letter  to,  from  Governor 
Lovelace,  on  Indian  atfairs,  79. 

Carrington:  John,  41)4. 

Carter:  Nicolas,  50,  65,  82-84. 

Carteret:  Sir  Edward.  317. 

Carteret:  Elizabeth,  317.— Lease  from,  to 
the  twelve  Proprietors,  for  East  Jer- 
sey. 364-369. — Letter  to.  from  Gov.  Car- 
teret, relating  to  Stateu  Island,  353. 


INDEX. 


Carferet:  Sir  George.  Lease  and  release  to, 
from  Jame.s,  Duke  of  York,  for  New 
Jersey.  8-14. — Notice  of.  25. — Grant  to 
Woortbridge  and  Samuel  Moore.  10-1. — 
Authority  of,  contirmed  by  Charles 
II.,  1.V2.— Order  for  patent  to,  for  East 
Jersey,  16U. — Lease  and  release  to, 
from  Duke  of  York,  ICl. — Instructiou.s 
of,  to  Governor  and  Council,  1(37. — 
Lease  from  Trustees  of,  to  twelve 
Proprietors,  360.— Qulntiparlite  deed 
between,  and  Wm.  Penu  and  liis  as- 
.  sociate.s,  -205,  38(5. 

Carteret:  Sir  George,  (grandson  of  tirst 
Proprietor),  Eelease  from  James,  Duke 
of  York,  to,  for  East  Jersey,  ;i37-345. 
Carteret :  James,  72.—  Protestation  against, 
by  Governor  Carteret  and  Council,  89. 
— Letter  of  Council,  respecting,  91. — 
Went  to  Virgiuia,  121. 

Carteret:  Philip,  Commission  and  instruc- 
tions a.s  Governor  of  New  Jersey.  20, 
21.— Letters  from,  to  settlers  on  the 
lielaware,  51 :  to  Indian  Sachem  Ora- 
ton.  55  ;  to  interpreters,  50. — Procla- 
mation of.  calling  the  tirst  Assem- 
blj-,  56. — Warrant  from,  relating  to 
Navcsink,  .59.— His  siirnature  and  seal, 
60. — Letter  from,  to  Surveyor  General 
Vauquellin,  CI.— Order  about  Court  at 
Woodbridcc,  62.  —  Letter  from,  to 
people  of  Woodbridge,  63. — Warrant 
against  Wm.  Hackett.  64.— Order  for 
Special  Court  at  Elizabethtown.  81. — 
Contirmation  of  icrtaiu  privileges  to 
Middletown  and  Shrewsbury,  SS. — In- 
ventory of  his  estate  ordered  by  the 
Dutch  Authorities,  130.— Instructions 
to.  from  Sir  George  C,  167. — Procla- 
niatiim  of  Andros  against,  293. — Let- 
ter from,  to  Andros.  asserting  his 
authority,  294. — Commission  from,  to 
John  Berry.  295.— Letter  from,  to  Gov- 
ernor Andros,  countermanding  orders 
for  a  General  Assembly,  &c..  297. — In- 
terview with  Governor  Andros,  300. 
AVarrant  from  Andros  for  his  arrest, 
302.— Account  of  his  trial,  303.— Letter 
from,  to  the  Proiirietors,  respecting 
Andros,  314. ^Letter  from,  to  James 
Uollen,  316.  —  Proclamation  against 
Governor  Andros,  346.— Letter  from. 
to  Governor  and  Council  of  New  York, 
about  Staten  Island,  349.— Proclama- 
tion relative  to  Staten  Island,  350.— 
Letter  from,  to  Capt.  BrockhoUs.  352.— 
Letter  from,  to  Lady  Elizabeth  Car- 
teret, relating  to  Stateu  Lsland,  353. 

Carwithyer:  Caleb,  50. 

Casabon:  Jan  Everstu,  49. 

Champion:  John,  288. 

Chanipneys:  Edward,  186,  227,  283,  414. 

Chanuarnra:  Land  at,  474.  478,  i^JS. 

Chai  It's  II. :  Patentfrom,  to  Dukt;  of  York. 
3. — Letter  from,  contirniing  authority 
of  Deputy  Governor  and  Council,  107. 
—  Orders  from,  confirming  the  Gov- 
ernment of  Sir  George  Carteret,  153.— 
Letter  from,  to  Governor  and  Council 
of  East  Jersey,  438.— Letter  from,  to 
Edward  Byllvnge,  about  pirates,  458. 

Chaunders:  Thomas,  414. 

Cheete:  George,  51. 

Christany-neck:  Lands  a(.  .sold  by  John 
Eenwicke,  413. 

Claes:  Jacob.  50. 

Claesen:  Dirck,  146, 


Claridge:  Samuel,  530. 

Clark:  Walter,  44. 

('lark:  William,  2~n. 

Clayton,  Senior:  AVilliam,  288. 

Clayton,  Junior:  William,  288. 

Cliti':  Samuel,  289. 

Cohansv:   Lauds  at,   sold  by  John 
wicke,  413,  414. 

Cole:  Jacob,  51. 

Colier,  (Colyer):  Capt.  John,  I1)0-I92ll95 
299.   •»  ' 

Collins:  Francis.  268. 

Concessions  aud  Agreements  of  the  L^rds 
Proprietors,  28.— Declaration  (.f 
true  intent,  99,  101,  173.— Of  WestI 
sey,  241. 

Conference  on  Indian  Aflairs,  182. 

Coock:  Arthur,  508. 

Cooper:  Thomas,  An  East  Jersey  Pitjprie- 
tor,  366,  374,  383,  425,  433,  437,/52,  446 
451,  454,  462,  474,  482,  483,  43C,  500,  507, 
530. 

Cornelious:  Lause,  269. 

("ornelise:  John,  268. 

Cornellissen:  John.  49. 

Cortlandt:  ,  310. 

Council  and  Assembly:  Proceedings  of, 
under  Governor  Androa,  307. — Under 
Governor  Carteret,  354. 

Council  of  New  Jerse.y :  Protestation  of, 
against  James  Carteret,  89,— Letter 
fri)m,to  Governor  Carteret,  relating  to 
James  Carteret,  91. — Commis.sion  to 
Samuel  Moore,  to  represent  them  in 
England,  9:3. —Address  of,  to  tlie 
Lords  Proijrietors,  94. — Letter  to,  tVoni 
Charles  IL,  contirniing  the  authority 
of  Berkeley  and  Carteret,  107. — Order's 
from,  inhabitants  to  take  out  patents, 
111. 

Council  of  New  Netherland:  Minutes  of, 
1673-4,  122. 

Council  Minutes:  New  York,  Kelating  to 
Indian  murders,  72,  76.— Relating  to 
John  Fenwieke,  186,  188,  197,  235.— 
Kelating  to  settlement  of  passengers 
by  shii)  Kent,  239. — Relative  to  repre- 
sentation of  towns  in  New  Jersey,  296, 
319. — Relating  to  New  Jersev  line,  517, 
518. 
Council:  Privy,  Order  of,  respecting  quo 
/rarraii/ii.s  against  New  Jersey  aud 
Delaware,  501. 
Court:    General,  Convened  by  Governor 

and  Council,  176. 
Court:  Herman,  49. 
Courts:  Newcastle,  Proceedings  of,  against 

John  Fenwieke.  274. 
Courts:  New  York,  Proceedings  of.  against 
John   Fenwieke,    236,    238. —  Against 
Governor  Carteret,  303. 
Cox:   Thomas.  An  East  Jersey  Proprie- 
tor, 425,  4:t3,  437,  442,  446,  451,  460,  462, 
474,  482,  483,  490,  500,  504.  507,  529. 
Coxe:  Dauiel,  An  East  Jersey  Proprietor, 

530. 
Cramer:  William,  50,  86. 
Crane:  Jasper,  128. 
Crane:  Stephen,  50.  85. 
Cremer:  Thomas,  366,  369. 
Crow:  Thomas,  Lord,  366,  ,369. 
Cripps:  .lobn,  288. 
Curtis:  John,  313,  314,  320,  357. 
Customs:  (Juestions  as  to  the  right  of  the 
Proprietors    to    impose,    280, -Their 
willingness  to  have  them  the  same  a.s 
in  New  York,  537. 


■AS 


INDEX. 


r. 


Daiiifl:   Rirhard,  26!». 

Daniel:   Wiilow,  414. 

Daniel  >  William,  269. 

Darviil)  :  Doctor,  :U7. 

DaviB.  i  Nicholas,  44. 

Deacoii>:  Gforgc,  •liii,  283,  381. 

Dehaefi.  (Dhaes):  Johannes.  Ill,  112,  115, 
191- 

Delavi>ll :  ThomftH,  72. 

nciowaie:  (japt.  19t). 

Doiinv are  River:  Oath.i  of  allegiance  tak- 
en in  16(iH,  ,")1. — Letter  from  Governor 
Ci»rt«ret  to  those  jiroposins  settlement 
on,  01. — Settlers  on,  ordered  to  take 
out  their  patents.  119.  — Petition  of 
John  Biidd  and  otheis  for  lauds  on, 
VW'J.— i.dands  in,  to  wlioni  lieloD^iug, 
347,  34?*.— ^(>'/o  warranto  a^iainj^t,  501.— 
Nortlieily  Ijraneh  of,  517. 

Dclramide ;  Sir  John,  An  East  Jersey  Pro- 
prietor, 5-J9. 

De  ^Nlarcsque:   Mr.,  317. 

Denua :  John,  2ti9. 

Dennis:  Samuel,  82,  128,  134,  320,  355.— 
Warrant  for  his  arrest,  321. 

Demon:  Daniel,  15-18,  129,  147.  149.  l.')(i, 
504-6. 

Denton:  Natlian,  15. 

Denton:  Samuel,  505,  50(i. 

Devenish :   llarnard.  269. 

Dickinson:  John.  .")!). 
Dickson:   .\nthouv,  269. 

Diedrect  (Dedricli,  DicUerick,) :  40.66,62, 
177,  320. 

Diedewicker:  Hans.  306. 

Division  Line  between  East  and  West  Jer- 
sey, 42t<,  517-524. 


!  Division  Line  between  New  Tork  and  Xew 
}         Jersey,  517-524. 
I  Di.xon  :  Anthony,  414. 

i  Dockwra:  'William,  Notico  of,  37S,  379. 

An  East  Jersey  Proprietor.  425,  433, 

437,  442,  44C,  44f,  451,  454,  457,  462,  474 

I         482, 48:1,  490. 500,  504, 507, 513,  516,  529.— 

;  Interested  in  shipment  to  East  jersey, 

I  464-467.— Granted  1,000  acres  of  laud 

I  in  East  Jersey,  4r-6. — Instructions   lo 

Andrew  Hamilton,  508. 

Doct|re' ;  Paul,  269. 

i  Donell:  ,  310. 

'  Dunfjau :    Governor    Thomas,   Notice  of. 
158.  —  Keference  to    his    commi.s.siou, 
158.— Letter  from,   to  AVilliam  Penn. 
437. — Letters  to,   from  Sir  John  Wer- 
den,  457,  476.— Earl  of  Perth,  ic,  463.— 
Letters   fiom,  to  Eail  of   Perth,  483; 
to  Sir  John   Wi-rden,  485. — Informed 
about  the  running  of  tlic  New  Jersey 
line,  517,  .V21. — Kcport  respecting  Now 
York,  524. — Order  to.  to  permit  Now 
Perth  thr(  piivilef^e  of  a  port.  540. 
Doujilas  :  William,  66,  82,  306,  312. 
Dudley :  Joseph.  .")09. 
Duke's  Farm.  (Ahasimns)  :  526,  527. 
Dunham:  Banayah,  134. 
Dunham  :  Jonatiian,  66,  82,  87. 
Dunham:  Robert,  288. 
iDrummond:  John,  (of  Liindee).  An  East 
I         Jersey  Proprietor,   383,    412,    433.   437, 
'  441.  416,  448,  454.  4.57,  460.  462,  463.  474, 

I  .528. — Interested  in  cargo  of  ship  Ex- 

j         change,  466.     {See  Eurl  of  Mdfort.) 
i  Dyckman:  Hugh,  128. 
I  Dyre:  William,  2:J0,  318. 


K. 


East  Jersey:  Warrant  for  Patent  of,  to 
Sir  (Jeorge  Carteret,  160:  Directions  to 
Governor  and  Council  of,  167. — A  Gen- 
eral Court  in,  convened,  176. — Lease 
for,  from  Sir  George  Carteret's  Trus- 
tees to  twelve  Proprietors.  366. — 
Agreement  as  to  the  benefit  of  sur 
vivorsbip  amoni:  the  twelve,  373. — 
Propositions  towar<ls  holdiug  the 
Province  directly  from  the  Duke  of 
Vork,  380.— Release  from  the  Duke  of 
York  to  tlie  twenty-four  I'roprietor,-*, 
383. — Fuudamt  iital  Constitutions  of, 
395,  443. — Li'ticr  from  the  Proprietors 
of,  to  the  idiiuters,  411. — Gawcu  Law- 
rie's  commission  a.s  Deputy  (^lovernor 
of,  423  ;  his  instructions,  426,  444,  416  ; 
revoked,  531. — Authority  contirnied 
by  Charles  II..  138.— I'r.iprietors  of,  in 
1683,  441.— Agreement  of  Proprietors 
for  taking  up  laud  in,  452.  — Letlei- 
from  the  Proprietors  of,  to  the  plant 
er.-f,  454.— Account  of  sliipment  to,  by 
fhip  Exchange,  464,  466.— Inliabitants 
of,  ni't  to  trade  with  the  Indians,  e.x- 
eept  through  New  York,  475. — Confir- 
mation of  former  orders  resjieeting,  4>-8. 
—Orders  for  laying  out  lauds  in,  492. 
—  (^uo  ivarraiil'o  against,  501.— Affairs 
of,  to  be  examined,  502. — Line  between, 
and  West  Jersey,  517,  519,  .523.— Pro 
ptictors  of,  in  1687.  Wi<.  —  Andrew 
Hamilton  approved  of  as  Deputy  Gov- 
irnm',  ,541. 
Eatou:  Michael,  18C. 


Edsall :  Samuel,  81,  82,  89,  91,  92.  97.  135 

131,  146.  182,  364. 
Edwards:  Herman,  49. 
Eldiidge:   John,  225.  230,  233.— Grant  to. 

tVoni  Duke  of  York,  324. 
Elizabetlitowu  :  Oaths  of  allegiance  taken 
at  (1666),  .50;  (1673).  1.30,  133.— Pro- 
ceedings of  Special  Court  iit,  80.— Ar- 
rears of  quit  rents,  106. — Letter  to 
from  the  Proprietors,  109. — Order  to  the 
l)lanters  in,  to  take  out  their  patents. 
119. — Pt.'tition  from,  to  the  Council  ol 
New  Nelheilaiid,  456.— Relations  with 
the  Council  of  New  Netherland,  122, 
124,  126-129,  133.  135,  149.-Vi.sit  to,  by 
Gov.  Andros,  305.— Oflicers  at,  320. 

Elizabtthtown  Giant:  Application  to 
Governor  Nicolls  for,  14. — Induiii  deed 
for,  15. — Nicolls'  ciiiifinnalion  of  pur- 
chase of,  17.— I-etter  from  the  Duke  of 
York,  respecting,  97.  —  Opinions  of 
English  lawyers  on  Governor  Nicolls' 
grant,  272.— Instructions  of  Proprie- 
tors. resj)ecting,  477.— Aftidavits  re- 
specling,  504-6. 

P'lkiuton ;  George.  288. 

Klliot:  William,  223. 

Klsby :  John   355. 

Flsley :  Elislia,  54. 

Kmley:  Willinm.  263,  .523. 

Eversen:  Hendiick,  269. 

fCves:  Thomas,  270,  288. 

Exchange  :  Ship.  Shiimient  to  East  Jersey 
on,  464. — luieicst  of  different  pwsous 
[         therein,  466. 


INDEX. 


540 


Falconer:  David,  467,  513.  530.— Instrnc- 
tious  to  Amlvew  Hamilton,  508. 

Families  in  >{ew  Jersey:  Number  of,  in 
16(55,  183. 

Fanint^ton :  John,  268. 

Feuimure :  Eichard,  270. 

Feiitou  :  Eleazar,  2G9. 

Fenwicke  :  Joun,  381,  382,  414.  Arrival  in 
West  Jersey,  185. — Before  New  York 
Council,  186.  —  Presentment  of,  by 
Samuel  Leete,  186,  238.  —  Warran'c 
against,  from  Governor  Audros,  187. — 
Proceeuiujis  against,  in  New  York, 
188,  278,  279,  280  ;  and  iu  Newcastle, 
190,  198,  274,  281,  282,  283.  — Letter 
from,  to  Magistrates  of  Newcastle, 
199. — His  agreement  with  first  pur- 
cliasers,  225.  —  Proceedings  of  New 
York  Council,  relating  to  his  patents 
in  New  Jersey,  235.  —  Proceedings 
against,  before  New  York  Court,  236- 
238. — Before  Newcastle   Court,   274. — 


Proclamation  of,  to  claimants  of  land, 
276. — Deed  from,  to  Wm.  Penn,  for 
half  of  New  Jersey,  370. — Lands  Bold 
by,  413. — Agreement  between  Kxecu- 
tors  of,  and  Wm.  Penn,  507. 

Finne's-pointe :  Lands  at,  sold  by  John 
Fenwicke,  413,  414. 

Flypsen  :  F.,  517. 

Forbes  :  John,  An  East  Jersey  Proprietor, 
.530. 

Forbis,  (Forbes)  :  Arthur,  An  E.ist  Jersey 
Propiietor,  460. 

Forrist :  John,  269. 

Forty-first  Degree  of  North  Latitude,  520, 
521. 

Foster :  John,  15. 

Frcdeiicksen,  (Frederiks):  Thos.,  49,  125. 

Freeman  :  John,  50. 

French:  Thomas,  2C9. 

FuUerton  :  Kobeit,  An  East  Jersey  Pro- 
prietor, 460,  529. 

FuUerton  :  Thomas,  460,  529. 


G. 


Galloway  :  Andrew,  An  East  Jersey  Pro- 
prietor, 529. 

Gardner :  Thomas,  270. 

Garretsen :  Garret,  49. 

Garretsen  :  Geart,  49. 

Geere:  Elmer,  186. 

Geere :  Kuth,  186 

Geere :  Zachariah,  186. 

Gemoenapa:  Kelations  with  Bergen,  145. 

Gerrard  ;  William,  529. 

Gerretze  :  Direk,  151. 

Gerretze,  (Gerritz)  :  Geri-et,  125,  320. 

Gibbon  :  Edmund,  414. 

Gibbons  :  Richard,  44. 

Gibson  :  Bartholomew,  An  Ea.st  Jersey 
Proprietor,  425,  446,  448.  —  Interested 
iu  cargo  of  ship  Exchange,  466. 

Gibson  :  Elizabeth,  An  East  Jersey  Pro- 
prietor, 490,  ,500,  507. 

Gibson ;  William.  An  East  Jersey  Pro- 
prietor. 384.  412,  425,  433,  437,  442,  446. 
457,  474,  483,  530. 

GiUansen  :  Gillis,  194,  276. 

Gillmau,  John,  147,  149,  307,  319. 

Godyn  :  Samuel,  Patent  to,  1. 

Gordon :  Charles,  An  East  Jersey  Pro- 
prietor, 529. 

Gordon :  Sir  John,  An  East  Jersey  Pro- 
l)rietoi',  451,  529,  530. 

Gordon  ;  Sir  Robert,  An  East  Jersev  Pro- 
prietor, 383,  412,  425,  433,  442,  446,  44H. 
4.54.  4.57,  462,  482.  483.  500,  507,  51:5.  529, 
530. — Interested  iu  cargo  of  ship  E.\ 
change.  466,  467,  513. — Instructions  to 
Andrew  Hamilton,  508. 

Gordon  :  Thomas,  An  East  Jersey  Pro- 
prietor, 460,  529. 


Gosling :  John,  269. 

Gosnell  :  John,  419. 

Gould  :  Nathan,  Account  of  the  taking  of 
New  York,  121. 

Goulding,  (Goldiiig):  William,  4.5,  98. 

Governor  and  Council :  Proclamations  of, 
relating  to  Middletown  and  Shrews- 
bury, 58,  88;  against  James  Carteret, 
89  ;  "convening  a  General  Courr,  176. — 
Letters  to,  from  the  Lords  Propiietors, 
104,  105.  108  ;  from  ChaJes  IL,  107.— 
Order  of,  requiring  the  taking- out  of 
warrants  for  patents,  119.  —  Instruc- 
tions to,  from  Sir  George  Carteret, 
167.  —  Warrant  from,  against  John 
Fenwicke,  187. 

Governor,  Council  and  Assembly :  Pro- 
ceedings of,  354-365. 

Graves:  Zackery,  50. 

Grav:  John,  50. 

Greenland:  Henry,  300,  319,  320,  364,  .523. 

Greenville :  Bernard.  :{66,  369. 

Groom:  Samuel.  227.  446,  449.— Au  East 
Jer.sey  Proprietor,  366,  :n3,  383,  529. — 
Coumiissioned  as  Receiver  General, 
378. — His  proprietary  risrbt  transferred 
to  his  son,  432. — Instructions  to,  about 
Perth  Amboy,  435.— His  honesty,  «kc., 
referred  to,  447. — Notice  of,  527. —  His 
proi)rietary  light  transferred  to  Wm. 
Pot  kwra,  527. 

( Jrover :  James,  44,  51,  88. 

Grub:  John,  269. 

Guy:  Richard,  220,  228,  249,  268,  2r3,  284 
291.  292,  413.  414. 


II. 


Hackctt:  Capt.  William,  Proceedings 
against,  64. 

Haige,  (Haig) :  William,  269,  379. 

Hill:  John.  51. 

Halstead;  Timothy, Testimony  about  Eliza- 
bethtown  purchase,  504. 

Hamilton  :  Andrew,  Notice  of.  509. — In- 
structions to,  508,  513.  —  Appointed 
:^eputy  Governor,  541. 


Hancock :  Frances.  .527. 
Hancock;  Godfrey,  269. 
Hancock  :  John,  An  East  Jersey  Prpprle- 

tor,  437,  448,  529.— Interested  ia'  cargo 

of  ship  Exchange,  466. 
Hancock :  Richard,  284,  292.  414. 
Hancock :  William,  414. 
Hanoe:  John,  128. 
Hanse  :  John,  88,  307. 


550 


INnF.X. 


Hanion:  .Tohu.  4(i-t-J66,  510-513. 

Haraci<:  John.  i269. 

Hardenbrook  :  Harden,  49. 

liai'diu^ :  Thonia-',  2H9,  iiSS. 

Harmensen:  Don  we.  49. 

Harris:  Daniel.  50. 

Harrisoii:  Jhuics.  395.  415,419. 

Hart:  Thomii.s.  An  EaHt  Jer.sey  Proprie- 
tor, 3(it),  373.  3i?3,  41-2,  42.i,  433.  437.  442. 
446.  454,  4.57.  4G0,  462,  474,  Hi,  463,  490. 
500,  504,  507,  5-29. 

Hartshornc:  Hnjfh.  An  East  Jersey  Pro- 
prietor. 3fi(i,  374.  384,  41->,  .528. 

Hart.shorno  :  Kichard,  88,  143.  307.— Let- 
ter to.  tioni  West  Jersey  Proj)rietors. 
227.— Notice  of,  220. 

Haselwood:  Oeoi-ge.  209. 

Ilaven.s:  John.  51. 

Hajf.s:  William.  Aflidavit  of.  about  the 
takinsjof  Xew  York  bv  the  Dutch,  152. 

Hayle,  (Hale):  Samuel,  6tj.  82. 

Haynes:  John,  .50. 

Headley:  Levaud,  50. 

Heathc'ott:  Georire,  316,  318. 

Heathfield.  (lltttii'hl)  :  Mathiis,  50,  6.5. 

Hedize,  (llcdirct^):  Samuel,  193,  269.  283. 
.50S. — A]ii)ointed  Surveyor  General  ol 
West  Jersey  by  J.  Feuwicke,  275, 413, 
414. 

Helm  :  Israel,  115. 

Helraslev,  (Helmely)  :  Joseph,  239.  243, 
274,  291. 

Hendrickson  :  John,  114. 

Hendrickson:  I'cter,  114. 

Herman:  Aiigustiue.  17,  204. 


Herman :  Ca«p.,  2(i8. 

Herman:  Kphraim.   117.  204.28. 

Herrisous:  p4'ter.  288. 

Hewes  :  William,  414. 

Hewlin<;s  :  AbraUam.  269. 

Hewlings:  M'illiani.  268. 

Hey  wood:  Johu.  An  Ea.st  Jersey  Proprie- 
■  tor,  366,  374.  384.  412,  529. 

Hieckins:  lt<i<:er,  414. 

Hoits:  Obailiiih,  128. 

Holies:  Joseph,  Opinion  of,  on  Elizabeth- 
town  Grant.  274. 

Holmes.  (Hulnis):  Jonathan,  88,  134,  307. 

Holmes:  Obadiah.  44. 

Holmes  :  Thoma.s,  395.  415.  419. 

Holt :  Jo..  Opinion  of,  on  Elizabethtown 
pant,  271. 

Roman:  lieu.jamin,  50. 

Hoot(m:  Thomas.  268. 

Hopkins:  Samuel,  66,  121,128-131.  1.39,  149. 
153.  300.— Notice  of,  1.52. 

Horsley:  Charles,  17. 

Mo.skins  :  John.  2.89. 

Houthout;  P'abius,  51. 

Howett:  Handle.  17. 

Hoyle:  Johu,  Opinion  of.  on  Elizabeth- 
town  {irant,  274. 

Hubbert:  James,  148. 

Hughes  :  William,  209...^»>       .,    - 

Hull:  Joseph,  51. 

Hiillett:  George,  .51. 

lliitcbiiiiis:  Sarah.  186 

liutcliiuson  :  (ieorgc,  242,  270.  522,  523. 

IhUrhiu.son:  Tliomas.  241. 

Hyde:  Lord.  353. 


Indians:  Conference  between,  and  Coun- 
cil of  New  Netherland,  131.— Kight  to 
Secaukus.  144. 

Indian  Attairs:  Letter  from  (rovornor 
Lovelace  to  Mr.  Tom,  respecting,  74  : 
from   same,   to  Capt.  Carr,  on,  79. — 


Captain  Cautwell,  respecting  179,181.— 
Conference  relating  lo,  182. — Proceed- 
ings of  Council.  res])ecting,  458. 

Indian  Deed  for  Elizabethtown  tract.  15. 

Indian  Murders,  at  Matiniconck  Island, 
Delaware,  72,  74,  76. 


Letters    from    Governor    Aadros    to  .  Indian  Tiade  with  New  Jersey,  485. 


Jacobs:  Henry,  Tenant  of  ^Iiiiiniconek 
Island.  288. 

Jacobse:  Lyjuan.  151. 

.lacobsou  :  (Jriina,  270. 

Jac(iuet:  Jeau  Paul,  117,  189,  190,  192,  195, 
201,  235. 

James,  Duke  of  York  :  Patent  to,  for  New 
Jersey,  from  llbarbs  IL,  3. — Lea.so 
from,  to  Lords  Herkeley  and  Carteret, 
8;  velea.se  from,  to  ditto,  10.— I,etter 
to,  from  Governor  NIcolls,  eommeut- 
ing  on  bis  grant  to  Berkeley  and  Car- 
teret. 46.  — Letter  from,  to  Governor 
l.,ovelace,  continuing  bis  grant,  97. — 
His  commission  to  Governor  Aiuhos, 
156. —  Warrant  from,  to  prepare  a 
patent  to  Sir  George  Carteret  for  East 
Jersey,  liiO — Lease  to  .Sir  (jenrge  Car- 
teret, 161-3. — tJrant  to  Wm.  I'euu  and 
his  associates  for  West  Jersey,  324. — 
Release  to  (ieorge  Carteret,  grand.son 
of  Sir  George.  337  — Kelease  from,  to 
the  twentyfoni-  Proi)rietors  of  East 
Jersey,  :J83. — Lett(^r  from,  to  (jovi'r- 
nor  Dongan,  475. 


James.  Earl  of  Perth.  (Sfr  Ptrlh,  Earl  of  .) 

.Jansen  :  Aert :  268. 

Jansen :   I'ieter.  41. 

Jaqnes,  Junior:  Henry,  50. 

Jauson :  Claas,  269. 

Jeans:  Henry,  111. 

Jegow  :   Peter,  51,  111,  288. 

Joniugs:  Henry,  2(i9. 
I  Jeunius:  Samuel,  268,  .522,  52-3. 
I  Jeolfrv  ;  Andrew,  .529. 
I  Jewel':  George.  316. 
I  Joancs:  Jeil'ry.  50.  82-84 
I  Jtilinsou  :  Eopp,  118. 

Johnson,   (.rolinstown):  James.   An    East 
.Fer.sey  Proprietor.  460,  529. 

Johnson:  .John.  115. 

Johnson:  Thomas.    142.  297,  306.  310.  320, 
3.V..  3.57. 

Johnson:  William.  50.  413,  414. 

Johnson:  Wm.  (iill.  268. 

Jones:  William.  51.  65. 

Jones:   .Sir  William,    t)])iuion    respecting 
customs,  323.  ^ 


INDEX. 


551 


Keith :  George,  480.— Notice  of,  517. 

Keinble:  Eobert.  268. 

Kendal:  Tboma.s,  2H8. 

Kensey:  John,  291. 

Kent:  Pas-sengera  by  i<hip,  asX  for  ami  re 

ceive  perinii^.sion  to  settU'  in  West  Jer 

sev.  239. 
Kent;' Stephen.  128. 


Kent:  Thoma?.  269. 
Kent;  Willijun.  268. 
Kill  van  Knll:  Strait  between   New  York 

and  Xewark  Bays.  151. 
Kingsland  :    William.    Land    and    cftects 

oi'dered  sold,  138. 
Kirk:  Gabriel,  51. 
Kilcbell:  Samuel.  134. 


L. 


Lackeronse:  Michael,  2C9. 

Laiuge:  John,  513. 

Lambert:  John.  268. 

Lambert:  Thomas,  268,  52i?.  523. 

Lantin:  Capt.  L..  fjl7. 

La  Prairie.  (Lapiiere.)     {Sf-i-  VaiKjinUin.) 

Laswall:  William,  270. 

Lawrence:  Aient,  49. 

Lawrence:  John,  148,  1.50,  1,55. 

Lawrie,  (Lowry,  Lawry,)  :  Gawen.  224, 
2.30.  232.  235.  268,  339.  377,  379.  437,  4-1, 
482,  498,  512,  517,  521.  —  Quintipartite 
deed  to  him  and  others,  from  Sir 
George  Carteret,  tor  West  Jersey.  2ii5, 
444.  448.  4.50,  451,  454.— Grant  to  him 
and  others  from  Duke  of  York,  324. — 
An  East  Jersey  Proprietor,  383  — 
Commissioned  as  De])Uty  Govei'nor, 
423.— Instructions  to,  426,  433,  459.—  I 
Instructions  to.  about  Perth  Town,  ! 
434  :  about  settlers,  443,  44C ;  about  : 
taking  up  land,  476 —Interested  in 
cargo  ot  ship  Exchange.  466,  467.— 
Li^lter  to.  from  Wm.  Dockwra  about 
grant  to  him.  486. — Censured,  492  — 
Llis  accounts  to  be  examined.  503. — 
Powers  revoked.  .531. 

Leek:  William,  Oiduion  on  Elizabethtown 
grant,  274 

Lecroa:  Michael,  IIG. 

Leeds:  Daniel,  270. 


Leete:  Samuel.  Presentment  of.  against 
John  Ft  uwicke,  186,  238. 

LeEetra:  Edmund,  51. 

Lefevre:  Hypolite,  227.  269,  414. 

Lenten:  Jonah,  Testimony  about  Eliza- 
betbtown  purchase,  504. 

Leonards:  Thomas,  .50. 

Lesenby:  Henry.  5ii. 

Letts  :  William'.  84,  85. 

Lieby:  Jacob,  49. 

Lippincock:  Kichard,  413. 

Lockhart:  Georsre.  430. 

Long.staft':  John.  134. 

Lot:  Benthal,  49. 

Lovelace:  Governor  Francis,  72.  76 —Let- 
ters from,  to  Mr.  Tom  and  Capt.  Carr, 
relating  to  Indian  nti'airs,  74,  79  -  Let- 
ter from  Duke  of  York  to  him,  con- 
firming the  grant  to  Berkeley  and 
Carteret,  97. 

Lovelace:  Thomas,  76. 

Lover:  Samuel,  269.  288. 

Lucas:  John.  289. 

Lucas:  Nicholas,  224.  230,  232  235,268,  339. 
—Quintipartite  deed  to  liimand  others 
from  Sir  George  Carteret,  205  —Grant 
to  him  and  others  from  Duke  of  Yoili 
324. 

Lucas :  Robert,  289 

Lynde:  Joas  Vandl ,  49. 

L'yon,  (Lyen):  Henry,  306,  320. 


M. 


Madclocks:  John.  269,  414. 
Magistrates  in  West  Jersey,  291. 
Mal^ter:  William,  227,  283,'  284,  414. 
Maneten:    Lands  at,   sold   by  John   Feu- 

wicke.  413. 
Marceli.ssen :  Peter.  125. 
Marloe:  Gregory,  239. 
Marriot:  Isaac.  269. 
Marsh:  George,  50. 
Marsh:  Hugh,  .50. 
Marsh:  John.  465. 
Marsh:  Samuel,  .50,  82,  83, 
Martha:  Flvboat,  270,  271 
Martin:  Richard,  480. 
Martyn,  Senior:  John,  82. 
Master:  Thomas,  51. 
Master:  William.  269. 
Mathews  :    Thomas.    420.  —  Prrclamation 

against,  by  AVm   Penn,  422. 
^latiiiiconck   I.sland:    Indian    murders  at. 

72.  79  —Lease  of,  to  Robert  Stacy,  286. 

Henry    iTmiiiln'i    tnnnt    on.    287. — Re- 

rerrcd  To  bv  Win.  Penn.  117. 
Matlock:  William,  288. 
Mattulx:  Luis.  51. 
Maverick:  Samuel,  Letter   from,    to  Lord 

Arlington,  57, 
McGregor:  Capt  Patiick,  An  East  'ersey 

Proprietor,  460. 


McKenzie:  Sir  George,  An  Ea^^t  Jersey 
Proprietor,  441,  4.)7.  460.  463. 

McKenzie,  (Meckenzie):  Kenith,  An  East 
Jersey  Piopiietor.  530. 

Meaker:  Joseph,  82-84. 

Meeker:  William.  .50.  65,  82,  83,  104,  320.— 
Ca*e  of,  against  William  Pardon.  334- 
337. 

Mel  fort:  Earl  of.  An  East  Jersey  Proprie- 
tor, 490.  500.  .507,  513,  528 

Melyn,  (Moleyn):  Jacob,  122,  128,  133,  156. 

Mengagqne:  Relations  of  to  Bergen,  U5, 
146,  151 

Merrill:  William.  521. 

Me.seiTie:  Capt ,  317-318. 

Mew:  Ricliard,  An  East  Jersey  Proprie- 
tor, 26.H,  366,  374,  383,  425,  433.  437,  442, 
446.  448.451,  454,  462,  474,  482,  483.  529. 

Meyer:  E..  269. 

Middletown:  Oaths  of  allegiance  taken  at 
(1668),  51;  (1673),  133.— Proclamation 
of  (rovenior  and  Council,  relative  to. 
58. — Warrant  to,  for  the  siirienderof  a 
paper.  61. — Compensation  of  certain 
privileges  to.  8H  — Arrears  of  quitreuts 
at,  106  — KelatioDs  to  the  Council  of 
New  Netlu-rland,  123,  125-127,  129,  130, 
134,  135,  142.   143,  333. 

MitHin,  Senior:  John.  289. 


rXDKX. 


Mifflin.  Junior:  Johu,  2ti0. 

Millor:  Jumes,  529 

Miuisink  Lanils*,  45'J. 

Minuiell:  G..  Mayor  of  New  York,  Letter 

fron),  to  Sir  Joliu  Werdpii,  4'Jl. 
Mitchell:  KieharJ.Gj,  80.— His  fence  pulled 

down,  8-J.  ri7. 
Mitclielsi-n,  (Michielse,  Michelye,):  Elia.s, 

411,  l-2'>.  :jjo. 
Moll:  John.  I'.IO.  lOQ.  l!l.5,  1U8.  201. 
Monmouth  Patent :  From  Governor  Nieolls. 

43.  !I7. 
Moorr:  George.  19-2 
Moore:  John,  19.5.  -200. 
Moore,   (More):    Sanuiel,   .50,   Kl,    l-ll.   H-J, 

144.   149,    130,    17ti,  yr.i,   .«J  — t'oiiimis- 

N. 

Nuvesink  :    Oatlis   of  !illej;iance  lakeu  at.  | 
(1668),  .51.  — Inhal>itant.s  of.  to  jnotluce 
the  laws.  ;59  ;  ordered  to  takeout  their 
patents,  119;  dillieulties  with,  47". 

Navill:  James,  iiOs. 

Nelleson:  Mathias,  413. 

Xetliup:  Edward,  "JUb.  i 

Nevill  :  Jame.s,  118,  193,  iSX  '292,  503.—  , 
Appointed  Secretary  of  West  Jersey,  ; 
27j  —Appointed  Overseer.  281.— Let-  , 
ters  from,  to  Governor  Penn,  381,  413. 

Newark:  Letter  from  Governor  Carteret  ' 
to  Indian  Sachem  Oraton,  relative  to, 
55. — Arrears  of  riuitrents  at,  106. — Let- 
ter to,  from  the  Proprietors,  109. —Or-  ! 
der  to  inliabitauts  of,  to  take  out  their 
])ateuts.  119  -Relations  with  the  Coun- 
cil of   Xew  Xetht;rland.   12-.>.   124,  12li,  , 
128-130.  i:i4.— Oaths  of  alley:iaiKe  taken 
at,  133.  13.5  — Petition  of  people  of.  to 
Council    of   New    Netberlaud.    155. — 
Ortic.'r.s  at.  320. 

Xewbold:  John.  269. 

Newby:  Mark,  419. 

Newcastle:  Governor  Andros  to  ("ommand- 
er  and    Jui^iiees    at.    189.   204  -Meet- 
ings at,  190,  191.  201. -Private   Court, 
at,  192. — Meeting  at,  to  Governor  An-  ' 
dros,  194. — Letter  to,  from  New  York  1 
Council.   196,   280.— Orders   to    Magis- 
iratesof,  197,279. — Letter  from  Magis- 
1  rates  of,  to  New  York   Council,  200, 
282. — Court  at,  274. — Order  of  Ma<:is- 
trates  at,    to   arrest    John   Fenwicke, 
281. — Letter   fiom    Magistrates  of,    to 
Fenwieke,  2f<l.— Order  from  (iovernor 
Andros  to  Mauistrales  of.   to  protect 
the  inhabitants  on  the  east  .side  of  the 
Delaware,  2rt5. 

New  Jersey  :  Patent  fi-om  Charles  II.  to 
Duke  of  York,  3.— Philip  Carteret's 
commission  as  (governor  of,  20. — Rob- 
ert Vauquelleu's  commission  as  Snr- 


•sion  to  rc))re9ent  the  Council  in  Eng- 
land, 93  —Grant  to.  104  —Warrant  for 
his  arrest.  321.— Release,  322. 

More:  Thoma!-,  50 

ilorris:  Col. .  299,  300. 

Morris  :  Lewis,  134  —Certificate  relative 
to  the  line  between  New  York  uud 
Now  Jersey,  521. 

Morton:  George,  413. 

!Mosse:  Peter.  50. 

:Mosse :  Robert,  50,  85. 

MouUains:  Jacob,  50. 

Mount:  "William,  .523. 

Mudie:  Davii-1,  An  East  Jersey  Proprie- 
tor, 460.  .530. 


veyor,  26. — Concessions  and  agree- 
ments to  anil  with  settlers  of  28. — The 
Lords  Proprietors'  true  intent.  &c..  99, 
101 .  — Inhabitaut-i  of  petition  for  a  con- 
tiiination  of  jirivileges,  155. — Divided 
by  Quintipartite  dfed,  205.— Question 
as  to  the  extent  of  the  Proprietors' 
authority,  289. — Visit  of  Andros  to, 
299.— Deed  from  J.  Fenwicke  to  Wiu. 
Penn  for  undivided  half  of,  370. — Its 
separation  from  New  York  ii  detriment 
to  that  Province,  491. — Line  between 
it  and  New  York.  518. 

Newman:  William,  51,  134. 

New  Netlierlaiul:  Director  and  Council, 
grant  to  Godyn  and  IJloenimaert.  1. — 
Minutes  of.  122.— Petition  to,  from 
towns  in  New  Jersey,  155. 

New  York:  ('aplure  of,  by  the  Dutch,  121. 
— Proceedings  of  Government  of,  rela- 
tive to  jurisdiction  of  John  Fenwicke, 
l-'8,  196,  200,  278-2«0,  283.— Court  of 
Assizes  at,  for  trial  of  Carteret.  303. — 
Letter  to  Governor  and  Council  of, 
relative  to  Staten  Island,  from  Gov- 
ernor Carteret,  349. — ilayor  of,  to  Sir 
Jidin  'Werden.  the  Piovince  buttering 
from  loss  of  East  and  West  Jersey, 
491. — Line  between,  and  New  Jersey, 
518. 

Nicholsen:  Samuel,  227.  269.  414. 

Nicolls:  (Captain),  76.  334,  336. 

Nicolls,  (Ni<'holls):  Governor  Richard.  A])- 
l»lication  to.  for  Elizabethtowu  grant, 
14.— Conlirnialion  of  Indian  deetl  for, 
17.  —  Patent  for  Monmouth  County, 
43.— Letter  tiom,  to  Duke  of  York, 
relative  to  his  grants  to  Lords  Rerke- 
ley  and  (;arleret,  47. — Letter  froui,  to 
Lord  Arlington,  relatine  to  the  same, 
54. — Legal  opinion  on  his  patent  for 
Elizabethtown,  272. 


O. 


Oaths  of  Allegiance  taken:  1663-1668.48-51. 

Ogden:  David,  50. 

Ojiden:  John,  18,  19,  50,  122,  128,  129,  130, 

137,  138,  141.  149,  155,  300,  334. 
Ogden,  (Junior):  John,  50,  82,  83,  84. 
Ogden:  Jonatlian.  50. 
Oldale:  Samuel,  269. 
Oldman's  Creek  and  Salem:  Titles  to  land 

between,  109-119. 
Olive,  (Olave):  Thomas,  239.  268.  287.  291. 

522,  523. 
OUiver:  William,  50,  65. 


I  Opinion  of  certain  Enalish  Lawyers  on 
Nicolls'  grant  for  Eliabetlitowu,  272. 

Oraton:  Indian  Sachem.  Letter  to,  fruuj 
I         Governor  Carteret,  55. 

Orraiston:  Charles.  530. 

Ormston:  Joseph  527. 

Osbourne;  Jeremy.  50. 

Oslturne:  Joseph,  52. 

Osburne:  Stepiien,  65. 

Otto:  Gerrett.  192.  195,  201. 

Outhout:  Fop.  Ill,  li:i,  190,  192.  193.  194, 
,  195,201,268,274,275,276. 


INDEX. 


553 


Pack-a-goniack ;  Lancia  at,  sold  by  John 
Fenwicke,  414. 

Pac<e,  (Pack):  Gi'orge,  50,  84. 

Pasje:  Antlions",  '^81. 

Patmer;  Captai;-),  (Jiuln;e),  30.5,,'?0G,  40'^,  527. 
— Petitiiin  to  the  King  lioiu.  532. 

Palmer:  TLoma.s,  288. 

Paucoa.st:  John,  270. 

Paidon:  William,  ti5,  70,  81,  82,  85,  HI,  02, 
110,  14!).— Notice  of,  104.— Ca!^e  of,  with 
AVilliani  Meeker,  334.— Peiitiou  of,  to 
Governor  Andro.s,  335. 

Parker:  Henry,  113 

Parker:  Joliu,  50. 

Parker:  Peter,  51,  59,  GO,  01,  03,  177,  233. 

Parsons:  Ann.  180. 

Patterson:  Edward,  51. 

Payne,  (Paine):  John,  73,  209,  270. 

Payuter;  Kichard,  50. 

Peachee:  William,  208,  421. 

Peacock:  Capt.  James*.  404.  400. 

Pearce:  James,  208,  413,  414. 

Pearson:  Thomas, .242,  243. 

Pedrick:  Roger,  209,  414. 

Peirce:  Thomas,  208. 

Peltou:  William.  2^4. 

Penirepogh:  Kelations  with  Bergen,  145, 
140,  151. 

Penn:  William.  230,  235,  268,  283,  339,  347, 
373,  383,  433,  437,  442,  .529.— Quiutii)ar- 
tite  deed  to,  from  Sir  George  Carteret, 
205.  —  lu-stnictions  from,  to  Commis- 
sioners in  West  Jersey,  219.— Grant 
to,  from  Dnke  of  York,  324.— Letter 
to,  from  Secretary  of  Duke  of  York, 
relating  to  lands  on  Delaware  River. 
347,  3-li. — Grant  to,  from  Trustees  of 
Sir  George  Carteret,  300. — Deed  to, 
from  John  Fenwicke,  370.— Letters  to, 
from  James  Xevill.  381,  413.— Commis- 
sioners to  West  Jei'sey,  appointed  by, 
415.  — In.striictions  to  them,  410.— Let- 
ters from,  to  Governor  and  Council  of 
We.*t  Jersey,  417,  419.— Proclamation 
of,  against  'Thomas  Mathews,  422.— 
Letter  to.  from  Governor  Dongan,  437. 
— Not  to  be  permitted  to  take  up  lands 
in  New  Jersey,  4.57.  — Signs  as  an  East 
Jensey  Proprietor.  300.  —  Agreement 
wiih  JExecutors  of  John  Fenwicke,  507. 

Pennsylvania:  Council  Minutes,  relating 
to'letters  sent  to  England  from  New 
Jcr.scy,  394. 

Penton:  William.  118.  269,  283,  264,  292, 
414. 

Perth:  Earl  of  Perth,  an  East  Jer.sev  Pro- 
prietor. 383,  412,  42.5,  437,  441,  446,  448, 
4.il,  4.54,  457,  400.  462,  463,  474,  482,  483, 
490,  500,  507,  513,  528.— Interested  in 
cargo  of  ship  Exchange,  460. 

Perth  Town,  (Perth  Amboy):  427,  428, 
499,  503,  538.— Instructions  for  laying 
out,  431,  434,  449,  401,  474.— Markets 
and  fairs  at,  451.— As  a  port,  injurious 
to  New  York,  525.— Seizure  of  vessel 
at.  534.— Erected  into  a  port  of  entry. 
540,  543. 

Petersen:  Moues,  50. 


Petty:  John,  209. 
Phrase:  Joseph,  50. 
Pictor:  Lucas,  115. 
Pierce:   Daniel,,  1.55. 
Pietersen:  Christian.  49. 
Pietersen:  Paulea,  49. 
Pieter.seu ;  Walter,  209. 
Pike,   (Pyke):  John.  50,  03,  81,  82,  89,  91, 
93,  97,  134,  150,  177.  300.  >  ' 

Pinford,   (Penford)  :   John,  SSXdf-VXSi^^ll, 

291.  .,     -:      . 

Piscataway:  Affains  of,  referred  to,  02. — 
Differences  between,  .and  Woodbridge, 
140-148,  148,  1.50,  1.54,  159.  —  Petiiiou, 
from,  to  Council  of  New  Netherland, 
155. — Arrearsof  quitrents  at,  100. — Let- 
ter to,  from  the  Lords  Proprietors,  109. 
— Ordered  to  take  out  patents,  119. — 
Relations  to  the  Council  of  New  Neth- 
erland, 123,  124,  120,  129,  130,  134,  135, 
149,  150.— Oaths  of  allegiance  taken  at, 
133  — Appointmenis  at,  approved,  319. 

Pledger:  John,  268,  414. 

Plese:  Tursse.  208. 

Plowman:  Matthew,  Collector  of  New 
York,  Instructions  to,  543. 

Plumstead:  Clement,  An  East  Jersey  Pro- 
prietor, 366,  374.  3«4,  425,  433,  4(7,  442, 
440,  451,  454,  457,  460,  462,  474.  482.  4S3. 
490,  500,  .504,  507,  530. 

Pococke:  Thomas,  360,  36'). 

PoUexssen:  Henry,  Opinion  on  Elizabeth- 
town  grant,  274. 

Pope:  Joseph.  522,  523. 

Pope:  Thomas,  50 

Post:  Captain  Andrian,  49,  66. 

Post  and  Cornelius,  Interpreters  :  Letter 
to,  from  Governor  Carteret,  56. 

Post  Offices  established,  509. 

Potter:  Marmaduke,  50. 

Powel:  Robert.  269,  288. 

Price:  Benjamin,  .50,  65.  300. 

Proclamation;  Of  Governor  Carteret,  call- 
ing first  Assembly,  50  :  convening  a 
(General  Court,  176. — Of  Governor  An- 
dres, against  (governor  (Carteret.  293 

Proprietors  of  East  Jersey:  Lea.se  to,  from 
Lady  Elizabeth  Carteiet  and  Trustees, 
366.-^Agreement  of,  as  to  benetit  ot' 
survivorshii),  373.  —  Commission  to 
Thomas  Kudyard,  376. — C  nunission 
to  Samuel  (iroom,  378.— (,"omniissiiin  lo 
(^awen  Lawrie.  423. — Inslnictions  to 
Deputy  (Joveruor  Lawrie.  420.  4.59.— 
List  of,  in  1683,  441  —Regulations  tor 
takini:  up  laud.  452,  470,  492,  im.—  Qiw 
warrantori  against,  authorized,  50'.i. — 
Appoint  William  Dockwra  their  agent, 
500.— Revoke  Lawrie's  powers,  531. — 
Peiiti'in  for  the  protection  of  their 
rights  to  a  port,  533.  — Representation 
respecting  their  ri^ht  to  a  port  and  a 
Government  distinct  from  New  York, 
535.  —The  King  asked  to  appoint  ouc 
of  them  Governor,  538. 

Pummereiit:  Claus  Janaen.  82. 

Pyle:  S«ah.  414. 

Pvles:  William,  65. 


Q. 
Quintipartite  Deed  :    Dividing  the  Prov-  |         Gawen  Lawrie  and  Edward  Byllyngc, 
luce    between    Sir     George    Carteret  205. 

and  William  Penn,    Nicholas    Lucas.  ,  (Quitrents:  Selling  of,  forbidden.  477. 


IKDKX. 


Keape:  William,  44. 

Reeve:  Mark.  IhO,  •JHO,  413.  414. 

Regi.tter  of  Scotland:  Letter  of,  to  Sir  John 

Werilen.  :}7!l. — Answer  thereto,  :W0. 
Reid:  Jame-.  465. 
Reiil:  John.  4fi4.  465,  467.  4C6.  510-513,  523. 

— Xoliee  of,  510. 
Rigs:  Ambrose,  One  of  East  Jersev  Pro- 

{)iietor,s,  366,  374.  383,  41-'.  4->5   433.  437, 

446,  5J9. 
Rigln:  R..  209. 
Ring:  Matthew  D.,  113 
Revel:  Thoma.s.  269,  289. 
Robeson:  Richard.  209. 
Kobiu.son:  Andrew.  517,  521. 


!  Robinson:  Thonia.s.  An  East  Jersej-  Pro- 
I  priftor,  474.  4h:J.  490. 

I  Robiiisun:   William,  530. 
i  Rogers:  John,  Uiri. 
I  R'l.sM  :  tJeorge,  65. 
Rowe:  (ieortfo.  320. 
Roydon:  William.  268. 
Rudvard:   Thomas,  268,  432,  449,  450.  460, 
462,  481,  498.— An  Eiist  Jersey  Proprie- 
tor. 366.   373.   .383,  442,  529.^Commis- 
sion  a-s  Secretary  and  Re<;ister.  376. — 
Notire  of,  370,— Cen.sured.  447,  492. 
Rumsey:  William.  26 J. 
Runyon:  Vincent,  ci5. 


Saekville:  Edward.  Affidavit  of.  as  to  the 
number  of  families  in  New  Jersey  in 
166.5,  1H4. 

Sadler:  Ri.lianl.  142.  143. 

Salem:  Court  at,  118.— Appointments  at. 
by  John  Fenwicke,  275. — Names  cf 
persons  at,  283. — Commission  to  Over- 
seers at,  from  Governor  Andros,  284. — 
Petition  from  inhabitants  at,  421. 

Salem  and  Oldman'sCreek:  Titles  to  lands 
between,  109-119,  508.— Lands  at,  sold 
by  John  Fenwicke,  414. 

Salisbury:  Silvester.  Affidavit  of.  as  to  the 
number  of  families  in  Xew  Jersey  in 
1665,  183, 

Salsbuiy:  Evan,  .50. 

Sanders:  Chri.stoplier.  268. 

Saudford  :  William.  ()5,  110,  12.5,  131,  140, 
145.  149,  1.50,  296,  297,  300,  303. 

Sandy  Hook,  (Sandy  Point):  485  — Gr.-xnt 
for,  43.— Fort  proposed  at,  292,  294,  525. 

Santon.  (Sauton):  Mr  ,,  520. 

Sargeant:  William,  67. 

Say  re:  Capt.  Nathaniel,  CO,  71. 

Schooley :  Thonia.s.  270. 

Schutter's  Island,  156. 

Scott:  Henjamin,  239,  268,  271,291. 

Scmtall:  Jan,  49. 

Seal:  Of  Xew  .Jersey,  under  Berkelny  and 
('arteret,  27.— Of  Governor  Philip  Car- 
teret, 60.— Of  the  twenty-four  Proprie- 
tors of  East  Jersey.  4.''8. 

Servants:  Allowance  of  land  for.  479. 

Sessou:  Thomas,  530. 

Shaddock:  Samuel.  51. 

Shanigunjioe:  Hash,  51, 

Shennock:  Andrew.  260. 

Shotwell:  Abraham.  .50. 

Slinnvsbiiry :  Procbniation  velatiiiii  there- 
to. .58.  — Contiiniatidii  of  sundiy  privi- 
leges to,  HH. — Anciirs  of  (|uiireiits  at. 
l(l(>.  —  Relations  with  the  Council  of 
New  Xctht-rhiTid,  I2:f,  125  13(1,  134,  135. 
—Oaths  of  allegiance  to  the  IJutch. 
taken  at.  133. 

Sibley:  Robert.  2-9. 

Sibley:  Thomas,  2'^9. 

Sicakns,  (Secaukus):  Indian  right  to,  144. 

Silvester:  Nathaniel,  44, 

Simpkins:   Michall,  .50. 

Singleteri'y :  Jonathan.  131.  132. 

Singleton:  Thomas,  470,  471. 

Siuuccks:  Andrew,  413. 


Skeine:  .John,  Deputy  Governor  of  West 

.Fcr.sey,  517,  522,  523. 
Skillmau:  Thomas.  .50. 
Skinner:  Richard,  65. 
Slaughter,  (Slater):  Edwanl.  307.319,3.50, 
357. 
I  Sloi  um:  .Tohn,  51. 

Smally:  John,   129. 
I  Smart:   Isaac.  26l>. 
j  Smeemaii:  Herman,  49. 
I  Smith:  David.  269. 
I  Smith:  John,  50.  i:)4.  527,  268,  284.  .508. 
j  Smith:   Peter.  268.— Affidavit  of,  as  to  the 
I         number  of  families  in  New  Jersey  in 
I  lti«5.   134. 

Smith:  Thomas,  268,  414. 
Smith:  Widow.  411. 
■  Snow:  .lo.seph.  134. 
I  .Snowden:  .John.  270. 

I  Sonmans:  Areut,  An  East  .Jer.sev  Proprie- 
I  tor.  383.  433,  448.   528.— Interested    in 

cargo  of  ship  Exchange,  4iiC. — Notice 
of.  527. 
.  Sonmans:  Johanna,  an  East  Jersey  Pro- 
jn-ietor.  437. 
Sonmans:  Peter,  an  East  Jersey  Proprie- 
tor, 437,  442.  4.57,  527. 
Sonmaps ;    Rachel,   an   East  Jersey   Pro- 

l>rietor,  437. 
Spiccr:  Samuel,  44. 
Spiers:  Jlciiilrick,  15] 
Spillage:   Hiimjjhrev.  .50. 
Spragge:  .1  ,  517.  518. 
Staiv:  Heiirv.  26H.  419. 
Stac'v:   M:\blou,  24-2,  293,  368,  .522,  5-23. 
Stacy:  Robert,  239,  268.  291.  :194.— Matini- 

couek  Lsland  leased  to.  286. 
Staten  Island  :   Ownership  of.  348.  484.— 
Proclamaticm  to  inhabitants  of.  3,50. — 
Letter    to    Lady    Jili/.abelh    Cnrteiet, 
concerning.  3,53. 
Steenwyck:  Cornelis,  72,  74,  144, 
Stetimetts:  Cajit.  Caspar,  82. 
.Stenmetts:  Gasper,  49,  532. 
Stevens:  Robert.  335.    , — 
Stokes:  Thomas.  269. 
Stout:  Richard,  44. 
Sliingham:  Peter,  288. 
Stubbins:  Henry,  269. 
Surege:  .lohn,  268. 
Slit  I  on:  Ambrose,  .505,  506.   . 
Swainc:  Capt.  Samuel,  320. 
Swayne:  Samuel,  134. 


INDKX. 


555 


Tapan  Creek :  The  point  of  partition  be- 
tween New  York  and  New  Jersey,  522. 

Tappan:  Isaac,  82. 

Tarbat,  (Tarbutt) : .  Interested  in  cargo 

of  sbip  Excliange,  466.  —  Signs  as  an 
East  Jersey  Proprietor,  500. 

Tatham:  John,  509. 

Taylor:  Christopher,  395,  415,  419. 

Taylor  :  William,  Proceedings  against, 
313,  314,  3-22. 

Tayne:  Isaac,  11". 

Thanksgiving:  Day  of,  ordered,  139. 

Thompson:  John.  381. 

Thompson:  Williaiu,  Opinion  as  to  Eliza- 
be'htown  srant,  274. 

Tilton:  John,  44. 


Tiudall:  Richard,  413,  414,  508. 

Tom  :  William.  74,  190,  192,  196,  197.— Let- 
ters to,  from  Governor  Lovelace,  74. 

Tompson  :  Hurr,  82,  83. 

Tomson :  Thomas,  50. 

Toshack :  David,  460. 

Towle :  Percivall,  268. 

Treat :  Robert,  65,  81,  82. 

Trotter  :  William,  50 

Tucker :  Charles,  50. 

Tunisen:  Derrick,  49. 

Tunnisen :  Hendrick,  49. 

Tinner  :  Robert,  186. 

Turner:  Robert,  An  East  Jersey  Proprie- 
tor, 3S4,  412,  425.  433,  437,  442, 

Tuttle :  Nathaniel,  50. 


V. 


Vallot :  Claude.  65.    ' 

Van  Cortlandt :  Stephen,  518. 

VanderBurgh  :  Cornelius,  320. 

Van  der  Linde:  Joost,  151. 

Van  Giesen  :  Renier,  49. 

Vanhighst :  Abraham,  269. 

Vanhurst,   (Vanheist) :    Renior,    194,    268, 

276. 
Van  Jimmen  :  Johannes,  194. 
Van  Jumne  •  Ganet,  268. 
VanQuellin:  Robert.    (See  Vanquellin.) 
Van  Vleck,  (L'lick) :  Isaac,  49. 


Van  Vleckt:  Tynemant,  43. 

Varlet :  Abram,  130. 

Vauquellin:  Robert,  50,  65,  76,  81,  91,92, 
97. — Commission  to,  as  Sui'veyor  Gen- 
eral, 26. — Letter  to,  from  Governor 
Carteret,  61. — Arrested  by  Dutch  Au- 
thorities, 130-133.— Sent  by  Governor 
Carteret  to  demand  the  surrender  of 
Staten  Island,  350. 

Verlett:  Capt.  Nicholas,  49. 

Vicary  :  James,  269. 

Voorse :  Capt.,  513. 


W. 


Wad(; :  Edward,  118,  227,  284,  414. 

Wade  :  Robert,  227,  414. 

Wade  :  Samuel,  268 

Waites  :  Elizabeth,  186. 

Waithman  :  William,  414. 

Wallop  :  Richard,  Opinion  on  Elizabeth- 
town  grant,  274. 

Wandal:  J.,  299. 

Wansick:  Thoraa.s,  51. 

Ward  :  Edward,  284.  292. 

Ward  :  John,  128,  134,  306.  310,  313,  320. 

Wardil:  Eliakim,  128. 

Warne :  Jo.seph,  268. 

Warne  :  Thomas,  An  East  Jersey  Proprie- 
tor. 384,  46(1,  442,  481. 

Warner:  Edmund,  224,  225,  230, 233.— Grant 
to,  and  others  from  Duke  of  York,  324. 

Warner:  William,  268. 

Warren  :  John,  319.— Letter  from,  to  Gov- 
ernor Andros,  337. 

Warsen  :  Richard,  209. 

Wase  :  James,  220,  227-221. 

W:it,son  :  Luke.  15-19,  50,  82,  83, 155,  504-506. 

Watson:  Peter.  464,  465,  512. 

Watson:  Thomas,  264,  413,  414. 

Wayne  :  John  Waynes,  50. 

Webb :  Edward,  26,  186,  413,  414. 

Webster:  Nathan,  50, 

Welch:  William.  421. 

Wells:  Philip,  517.— Engaged  to  run  the 
line  between  New  York  and  New  Jer- 
sey, 518,  ,')21. 

Werden  :  Sir  John,  Secretary  to  Dnke  of 
York,  Ijetters  from,  to  Governor  An- 
dros, 179.  230,  345,  347;  to  the  Secretary 
of  State,  on  the  authority  of  the  Pro 
prietors  of  New  Jersey,  '289.— Letter.s 
from,  to  Wm.  Penn,  348  ;  to  Sir  Allen 
Apsley,  354  :  to  Lord  Register  of  Scot- 
land, 389.— Letter  to,  from  Register  of 


Scotland,  379.  —  Letters  to  Governor 
Dongau,  457,  476. 

We.st:  J.,  299. 

West :  Robert,  51,  373  —An  East  Jersey 
Proprietor,  366,  383,  412,  529. 

We.st  Jer.sey  :  Quintipartite  deed,  to  Wm. 
Penn  and  associates,  dividing  East 
and  West  Jersey,  205,  386. — Instruc- 
tions from  the  Proprietors  to  their 
Commissioners  in,  219.  —  Agreement 
for  tirst  settlement  of,  225.— Letter 
from  Propiietors  of,  to  Richard  Harts- 
home,  227  :  ditto,  to  thos'J  proposing 
to  settle  in,  231.— Passengers  by  ship 
Kent  settle  in,  239.— Concessions  and 
asireements  with  settlers,  241-270. — 
Letter  from  Governor  Andros  to  ("oiu- 
mi-ssiouers  of,  271.— Appointments  for, 
by  J.  Fenwicke,  275.  — Proclamation 
to  claimants  of  land  in,  276.  Older  of 
Governor  Andros  to  protect  the  inhab- 
itants of,  285  —Petition  from  persons  in 
England  for  land  in,  289.— Names  of 
Magistrates  in,  291.— Grant  of.  to  Wm. 
Peun  and  his  associates  tVom  Duke  of 
York.  324.  —  Comwissiouers  to,  ap- 
pointed by  Ciovernor  Penn,  415.— In- 
structions to  them.  416.— Letter  (roni 
Wm.  Penn  to  Governor  and  Council 
of,  417,  419.— Petition  to  Governor  and 
Council  of,  from  i)eoi)le  of  Salem,  421. 
—  Quo  warranto  against,  501.— Line  be- 
tween, and  East  Jersey,  517,  519,  523.— 
Obligation  of  Governor  and  Proprie- 
tors to  abide  by  the  dcterinination  of 
arbitrators  on  the  line  with  East  Jer- 
sey. 522.— An  inconvenience  to  New 
Tork.  526.— The  King  recjuested  to 
appoint  one  of  them  Governor  over 
both  Provinces,  538. 


-^rfZ 


o56 


INDKX, 


Whifacar :  Rlchartl,  ih>*. 

White:  Cliristopfier, 'JOJ. 

White:  Dounls,  50. 

White  John,  •J(j9.  299. 

Wliitelieiul :  Capt.,  300. 

Whitehead:  Lsaae,  50,  80,  133 

\\  lliteheml  :  Siiiuuel.   13. 

Whit  ■lieail,  S.  nior  :  Isaac  A    3-.H) 

Whiteliead  :  Isaac  \.,  305.  30y,  311,  31-.2,  .3.3-1 

WliUehea.i:  J.i.seph.  335. 

Wiiithicli:  Thomas,  13-1 

AVilcos:    Thomas.   An    Eaat  Jersey   Pro- 

piit^tor,  3(ii;.  37-1,  41-,>. 
Wilkinson  :  IMcharil,  -Jiltj. 
Williiiison:   William',  Ho"  269 
Willes  :  Daui.l,  -xyj,  -Jcfii  2yi 
Williams:  J.,  *.»!)9.  ' 

AVilliams  :  William,  Opinion  of  Elizabeth- 
town  ginnt.,  27-1 
Williamson  :  John,  134. 
Willis:  William,  209. 

WiUocks:   Geoijrp^  ^u   East  Jersey  Pro- 
prietor, 4ti0,  529. 
Wills  :  Samuel,  421. 

Winder:  Samuel,  Appointed  Ke-ister  of 
\\e.st  Jersey,  275 -An  East  Jersey 
Proprietor,  529.  ■' 

Wines:  Barnabas.  50. 
Winne  :  Thomas,  415,  419. 


;  Wood  :  John,  269. 
Wood  :  Jonas,  50,  313 
Woodbrid<;e:  Oathsofallegiauce  taken  at 
dOOt',  1073.)  :  50,  13U,  133.— Aflaira  of, 
referred  to,  til. -Court  at,  authorized, 
C2.— Differences  with  Piscatawav,  146- 
150,  154,  159.— Grant  to  freeholders  of, 
104.— Relations   wiih    the    Council    of 
New  ^etherhind,  122.  125-129.  1.34.  135, 
21«— Election    of  Justices    declined' 
318— Assembly  at,   ordered    by   New 
Vork    Council,  290. —  Order   counter- 
manded by  Governor  Cartei-et,  297.— 
Olticers  at,  320.— Part  of  Perth  Towu 
427 

Woodhouse:  Anthony.  309. 
■"Woodroffe,  (Woudruti'):  John,  50.  G5    133 
177. 

Woodroffe  :  Thomas,  268. 

Wooltertoii:  Thomas,  199. 

WooUi.son:  WooUey,  269. 

Woilid;,'e :  John,  209. 

Woi  th  :  Joseph,  18(', 

Worih  :  William,  414. 

Wouluerson  :  Peter,  50. 

Wright :  Joseph,  527. 

Wiight:  Joshua,  209. 

Wrijiht:  Thomas.  51. 

Wyuiugs :  John,  65. 


Voung  :  Christopher,  50. 


Young  ;  Capt   Thomas.  50.  66.  299. 


Z. 

2aue :  Robert,  26V. 


V" 


E  0  '12 


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